The use of copyright to quell online expression: - no judge, no jury, but there is an executioner Prepared for Government and the Internet: Participation, Expression and Control European University Institute, March 9 th 2011 Benjamin Farrand

The use of copyright to quell online expression  A basic introduction to copyright: - concept, justifications and legislative acts  Internationally: - the TRIPS agreement, WIPO treaties  European Union: - InfoSoc Directive (2001/29/EC) and the Enforcement Directive (2004/48/EC)  US: - Digital Millennium Copyright Act 1998  The intent of copyright legislation being supplanted by complete control of all use of works – including restricting criticism or debate through a form of ‘censorship by the back door’  Church of Scientology v Karen Spaink (Netherlands 2005)

By state actors?

By private/non-state actors?

Methods & Conclusions  DMCA/Enforcement Directive takedowns  ISP filtering?  ‘Indirect copyright issues’?  Accountability?  Access to information and accountability?