European Union may pass law that could lead to this site being unusable

CaptainXtra

PUNCH A FASCIST!
@belmontzar
So what you’re saying is that this law they’re proposing which could attack the public domain would be near impossible to enact without even taking into account how it would violate current laws protecting the public domain yes?
Because dude, you need to be more concise with how you word stuff.
CaptainXtra

PUNCH A FASCIST!
Update from Communia!
“On 20 December Estonia became the 10th EU member state to fully implement the #copyright DSM directive into national law. The Estonian implementation gets a number of things right and is among the best implementations we’ve seen so far…”
Also worth sharing:
Final vote on the Parliament’s position on the Digital Services Act (vote on the IMCO report by all Members of Parliament in the plenary session): 17 – 22 January 2022
So keep an eye out for that!
CaptainXtra

PUNCH A FASCIST!
News on the DSA negotiations:
A bunch of EPP MEPs demand that erroneous #algorithms of platforms should take care of regulating online content (AM 515)… while also tabling an Amendment (AM 483) that criticizes platforms’ algorithms.
The EPP really sucks, they really really fucking suck.
CaptainXtra

PUNCH A FASCIST!
Well the DSA vote happened and this is one of the results:
“Internet corporations use unreliable #uploadfilters against supposedly illegal content - with much collateral damage. The majority won‘t even limit automated censorship to content that is manifestly illegal irrespective of its context.
#rejected“
That’s right, you can thank the EPP especially for that.
Really hope this can be challenged by the courts.
Full thread on the subject here:
CaptainXtra

PUNCH A FASCIST!
News on the second piece of Chat Control legislation which would introduce “mandatory scanning” as a consequence.
The new regulation will begin it’s process on March 30th, NOT A VOTE, just the start of the legal process and an actual vote won’t be for awhile.
There’s word of protests on Feb 26th but I’ve yet to find a complete list of them all so please keep an eye out and share it here!
DarkBrawlerCF1994

News on the second piece of Chat Control legislation which would introduce “mandatory scanning” as a consequence.
The new regulation will begin it’s process on March 30th, NOT A VOTE, just the start of the legal process and an actual vote won’t be for awhile.
There’s word of protests on Feb 26th but I’ve yet to find a complete list of them all so please keep an eye out and share it here!
Can you share a link to where you’ve learned of the process from March 30th?
CaptainXtra

PUNCH A FASCIST!
I don’t know how to say this but I think the Second Cold War just officially started.
What we do is continue our activism, we won’t get anywhere by panicking.
Focus on Earn It, Focus on Chat Control, Focus on defending the Internet.
CaptainXtra

PUNCH A FASCIST!
We have a date for Poland’s Case challenged Art 13/17 now!
“The date is set! The Polish challenge of Article 17 of the DSM Directive will be resolved at 9:30 on 26 April 2022 (Case C-401/19); not yet on the Curia website, h/t Julie Samnadda from EC Legal Service.”
CaptainXtra

PUNCH A FASCIST!
Here’s a snippet:
Appearing to be running out of ideas about what fresh salvo of sanctions to fire Russia’s way, the EU has come up with the “ultimate addition” to the ongoing, often absurd, but undeniably harmful “war on disinformation.”
And the solution is to start imposing sanctions on individuals or entities that the EU marks as guilty of spreading disinformation. The sanctions regime against accused purveyors of “disinformation” would include the usual: freezing of assets, travel bans, etc.
Background Pony #708B
Cough. Well, this might sound a bit harsh, but: People would probably listen to you more if most of your posts about EU Internet policy didn’t always have a certain “The government wants to kill ma Internet!” undertone.
Basically, I can understand your anxiety towards the EU policy. Most politicians in the EU are generally uneducated, uninformed and in general not really arrived in the 21st century. In the worst case, they are also influenced by certain lobby groups. BUT: The EU is not an oppressive state like China. It is not even a state as such. It is a huge, bloated and frighteningly ineffective organization, but it also suffers from the fundamental problem that the wrong goals are often pursued here for the right reasons.
I had a conversation with a neighbor who is a policeman. We both came to the conclusion that even if the EU decides something at some point, it does not mean that it can be implemented immediately 1:1 by the respective member states. Or ever will. Often, for example, law enforcement lacks the appropriate financial resources and/or appropriately trained personnel.
Will say: Please, posts gladly always everything whatever you want. I don’t want to get involved in that at all. But maybe in the future you should try to raise your concern in a slightly different (more calm and thoughtful) way. ;-)
belmontzar

@Background Pony #708B
I agree with both view points. While there is plenty of cause to worry, not because of the EU itself but the corporations who have plenty to gain from taking advantage of the laws put in place. After all there is nothing stopping a police officer from pulling over and arresting a person because of an obscure law almost no one remembers exists.
I can understand the worry that every one has… and admittedly the best way to look and prepare for a problem like this, is to look at the worst case scenario and plan Accordingly. But lets be really honest here… if a company like Hasbro had problems with the fan base and just wanted to strike down this website… they probably could thanks to how backwards and goofy Copywrite law is [speaking as a person in the United States anyway]
The most interesting thing about how law is run, from what I can tell.. is that what is enforced or ruled is not always what is in the books. Laws can be interpreted in different ways and logical. In short, what is on paper is not what is enforced.
CaptainXtra

PUNCH A FASCIST!
Holy hell, got some news:
The above link contains all this info:
——––
“A last-minute proposal to change the liability regime for online search engines in the Digital Services Act (DSA) was circulated in the European Parliament. It is expected to receive the support of the EU Commission and Council.
The proposal was circulated ahead of the Easter break in the form of a note by Geoffroy Didier, who represented the legal affairs committee (JURI) in the DSA discussions. The initiative is pushed by the rightsholders alliance and taps into a long debate on how to include search engines in the scope of the legislation.
The next – and possibly last – high-level meeting between the EU legislators is on Friday (22 April).”
“ The note expressed support for the proposal of the European Commission, which defined search engines as an ad hoc category that would be required to take down illegal content once it is flagged to them. At the same time, Didier proposed a few changes to the Commission’s text.
The note asked to remove a part in the text’s preamble providing examples of ‘mere conduit’, ‘caching’ and ‘hosting’ services, categories with different liability regimes established in the eCommerce Directive, the predecessor of the DSA. These examples were overly descriptive for the rightsholders that prefer a case-by-case in court.
Another change would mandate that if illegal content is flagged, not just the relevant web pages but the entire website should be delisted, namely removed by the search results. In the most extreme case, that would mean that if a video is illegally uploaded on YouTube, Google would have to remove the entire platform from its search results.
Finally, a modification to an article would oblige search engines to remove all search results referring to the flagged illegal content, not only the specific website. In other words, the platforms would have to monitor all websites searching for unlawful content.
For search engines, that would entail nothing short of a general monitoring obligation; a principle rejected in the Copyright Directive. By contrast, the rightsholders consider this to be ‘specific’ monitoring, as it is targeted at illegal content that is recognisable via specific electronic patterns.
Moreover, search engines note that, compared to other platforms, they do not have a direct relationship with those managing the websites. Therefore, they might not know if a specific content, like a movie, is provided on a website illegally and on another one legally, as they are unaware of the contractual relationship between websites and the rightsholders.
In other words, the search engine would have no way of knowing if a takedown request is justified without contacting the website owner, which currently it has no way of doing. As a result, search engines might have to establish a contractual relationship with the website owner.
So far, the websites have been liable for hosting illegal content. Still, search engines now fear that by including them in this liability regime, they would become the primary targets for takedown notices, increasing their administrative burden exponentially.
Risk of over-blocking
Another concern relates to over-blocking, as legal content might also be taken down accidentally. Thus, the proposal is likely to meet the opposition of Scandinavian countries that are traditionally sensitive to the freedom of expression argument, an EU diplomat told EURACTIV.
“The entertainment industry knows that the Commission favours a specific notice and takedown obligation for search engines, so it is piggy-backing on to something that the Commission already supports and then making it worse,” former MEP Felix Reda told EURACTIV.
“The overall goal of these amendments is to drastically extend website blocking obligations to a broad range of online services at the expense of freedom of expression.”
According to a source informed on the matter, the European Commission favours the proposal, and it has been actively promoting it with political groups in the European Parliament. A second source also confirmed the Commission’s position, adding that it was also accepted by the Council Presidency. France has historically been sensitive to the rightsholders’ requests.
Just ahead of the last political trilogue on the Digital Markets Act, the DSA’s sister proposal, the European Commission made a last-minute proposal promoting the interest of publishers with the support of the French Presidency, trying to reopen yet another dispute closed by the Copyright Directive.
The proposal was revealed by EURACTIV a few hours before the beginning of the trilogue, alerting MEPs that eventually rejected it. By contrast, this time, the last-minute attempt is coming from the European Parliament, trying to win support from the lawmakers ahead of the negotiation.
According to a European Parliament official, at a technical meeting earlier this week all political groups opposed the proposal. However, the parliamentary source voiced concerns about what the rapporteur Christel Schaldemose might do in the final trilogue, as she previously defended the instance of the cultural sector during the discussions on the media exemption.
According to a third source, the European Commission is working on a new proposal on search engines, but it is still not clear if it will be shared before the trilogue or during the negotiations, in case the first proposal is rejected.”
——––
Yeah, I’m sounding the alarm here.
CaptainXtra

PUNCH A FASCIST!
And back to the EU again:
From the Article itself:
After 16 hours of discussion, negotiators from the European Parliament and EU governments have just made deal on a new EU Digital Services Act. Pirate Party MEP Patrick Breyer sat at the negotiating table as Rapporteur for the Committee on Civil Liberties (LIBE) and summarises:
“We were able to prevent removal obligations for search engines. We could also prevent the indiscriminate collection of the cell phone numbers of all uploaders to adult platforms, which would have endangered their privacy and the safety of sex workers due to foreseeable data hacks and leaks. Minors will be protected from surveillance advertising on online platforms. However, the ban on using sensitive personality traits (e.g. a person’s political opinion, diseases or sexual preferences) for targeted manipulation and targeting was heavily watered down.” The new rules on personalised targeting will apply to all online platforms for sharing user content such as Facebook, Instagram or eBay, but not to sites hosting self-generated content, such as news websites.
“The new set of rules as a whole does not deserve the name ‘Digital Constitution’. The disappointing outcome fails in multiple respects to protect our fundamental rights online. Our online privacy will not be protected by a right to use digital services anonymously, nor by a right to encryption, a ban on data retention, or a right to generally opt-out of surveillance advertising in your browser (do not track). Freedom of expression on the Internet is not protected from error-prone censorship machines (upload filters), nor from arbitrary platform censorship. Cross-border removal orders issued by illiberal member states without a court order can take down media reports and information that is perfectly legal in the country of publication. The monopoly power of consumer-hostile social media like Facebook, Instagram and Twitter will not be tackled by interoperability obligations. Users will have no alternative to the toxic engagement-based corporate algorithms that spread hate, violence and misinformation in the interest of commercial profits. Industry and government interests have unfortunately prevailed over digital civil liberties.”
DarkBrawlerCF1994

If the watered-down rules do result in error-prone algorithms to treat documentation of Russian war crimes as terrorist propaganda, then we are going to have a monolithic problem.
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