Do ISPs have the potential to step into the role of Internet censor or copyright police?
Christian Ahlert: How Liberty was lost on the internet
As part of a recent research project, I posted a section of Mill’s On Liberty on the internet (which is clearly in the public domain), then issued unfounded copyright complaints against it (1). One internet service provider (ISP) removed the chapter almost immediately. This illustrates the problem with self-censorship procedures, which rely on hidden judgements being made by unaccountable bodies.
The authors found that the UK ISP shut down the site almost immediately after receiving the complaint, made on behalf of the chairman of the non-existent John Stuart Mill Heritage Foundation. In contrast, the US ISP follow up requesting answers to detailed questions in compliance with the DMCA notice and takedown provision.
Perhaps the DMCA does serve free speech interests. What role should ISPs play in controlling the distribution of copyrighted material? Do the DMCA notice and takedown provisions (17 U.S.C. §512) give too much power to copyright holders, ISPs, or copyright infringers?
The full study is supposedly available here (currently, the “file [is] not found” on the server.)
(via Joe Gratz)
