Linked by Thom Holwerda on Thu 14th Apr 2011 21:41 UTC
Internet & Networking A major win has been scored in Europe against the content industry and several governments who are trying to impose censorship on the internet through ISPs. The European Court of Justice, the highest court in Europe, gave a preliminary opinion which states that no ISP can be forced to filter the internet, especially not enforce copyright.
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"imposed upon ISPs by courts"
by mrhasbean on Thu 14th Apr 2011 22:05 UTC
mrhasbean
Member since:
2006-04-03

What about ones imposed by governments? That's the one that needs addressing 'cause it's already happening in many so-called democratic countries outside of Europe.

Reply Score: 1

Soulbender Member since:
2005-08-18

so-called democratic countries outside of Europe.


Since those would be outside of Europe the European Court of Justice have no jurisdiction there.

Reply Parent Score: 4

mrhasbean Member since:
2006-04-03

Since those would be outside of Europe the European Court of Justice have no jurisdiction there.


Wow, who'd have thought What it would do is add credence to the arguments by those opposing the filters / have them dismantled in countries where they've been legislated. And if they don't outlaw them in Europe you can bet it won't be long before they're imposed.

Reply Parent Score: 2

WereCatf Member since:
2006-02-15

What about ones imposed by governments?


As far as I understand (I am not a lawyer or even an experienced person in legal matters) this already covers that, too, unless the filtering has to do with criminal activities or criminal investigation.

Reply Parent Score: 3

RE: "imposed upon ISPs by courts"
by evert on Fri 15th Apr 2011 08:30 in reply to ""imposed upon ISPs by courts""
evert Member since:
2005-07-06

What about ones imposed by governments? That's the one that needs addressing 'cause it's already happening in many so-called democratic countries outside of Europe.


[1] democracy != freedom (this mistake is often made. sometimes, you might have more freedom under a dictatorship than in a democracy)

[2] we'll install a few proxies in europe :-)

Reply Parent Score: 3

Carewolf Member since:
2005-09-08

Government imposed blocking is still allowed - in theory. It has to consistant, predicatable and non-discriminatory. Randomly deciding to block pirate bay specifically would probably not fly, by being specific.

In fact in Denmark where ISPs are currently blocking the pirate bay on court order, will also have a consitition forbidding legislation that targets individuals and individual organizations, so it would be impossible to through legislation.

Now, the problem is what they will do when someone draw the child porn card, because will the legislation is technically invalid, we do have a law blocking specific child porn sites, there just no one who wants to sue the government for the right to watch child pornography.

Reply Parent Score: 3