Copyright Law as the tool of choice for censorship and reputation management

The purpose of copyright law is to induce and reward authors for their original work by extending property rights to the copyright holder and qualifying its reproduction. The two-fold rights this gives them includes primarily an economic right to derive financial reward for reproduction of their work, along with an ancillary moral right to prevent distorted reproductions of their work. Of late, however, there has been a shift in the use of copyright laws by copyright holders. Instead of fulfilment of economic objectives with the interest to protect original work, copyright holders weaponize copyright law as a tool to fulfil of non-economic objectives to vindicate non-copyright interests.

Rohingya refugees file $150 billion lawsuit against Facebook for alleged content moderation malpractices

On December 6, 2021, a refugee who fled Myanmar when she was sixteen, filed a class action lawsuit against Facebook in California’s Superior Court for alleged incitement to violence and facilitation of genocide in Myanmar (formerly Burma). The suit was on behalf of herself and all Rohingya who fled Myanmar on or after June 1, 2012, and who now reside in the USA as refugees or asylum seekers. A similar coordinated action is due in the United Kingdom representing Rohingya refugees in UK and Bangladesh, and a letter of notice to this effect was submitted to Facebook’s London office on the same day. The case comes two years after Facebook, in a statement, officially admitted that it hadn’t done enough to prevent its platform from “being used to foment division and incite offline violence in Myanmar.”

Use of Facial Recognition Technologies on a steep rise in India

In November 2021, Amnesty International, along with the Internet Freedom Foundation and Article 19, drew attention to Hyderabad, a city in the Indian state of Telangana, which has established a ‘Command and Control Centre’ – a hundred and seven million dollar project that is meant to support the processing of over six hundred thousand surveillance cameras in Hyderabad at once. This, combined with Hyderabad police’s existing facial recognition software for identifying individuals will enable the police to track individuals across the city in real time.

Making Transparency Easy: Lumen Is Pleased To Announce a New Feature for Notice Submitters

The Lumen team created an easy-to-use “add-on” web form for submitting takedown notices, in the form of JavaScript code that can be added to any existing OSP’s website. Once installed, the form allows an OSP to intake and store takedown requests as structured data, simultaneously sharing copies of requests received with the Lumen database.Sharing data with Lumen becomes an automatic result of receiving a notice!

The EU Copyright Directive’s Neighboring Rights for Press Publishers: A work in progress

Italy and Spain are latest in the line of European countries to adopt the European Union’s Directive on Copyright. The EU finalized the Directive on Copyright in the Digital Single Market in 2019 with the objective of ensuring “fairer remuneration for creators and rightsholders, press publishers and journalists, in particular when their works are (re)used online.” The Copyright Directive has been the subject of much debate, with Article 17’s requirement of prior authorization for uploading copyright protected content responsible for the bulk of the controversy. However, another section of the Copyright Directive that has garnered substantial attention is Article 15, which creates “neighboring rights” for press publishers for the online use of their publications. According to the World Intellectual property Organization (WIPO), ‘neighboring rights’ or ‘related rights’ are ancillary to copyright, and essentially enable press publishers to exclusively authorize or prohibit the use, reproduction, indexing or aggregation of their content, while ensuring that the legal and financial interests of persons and entities that have contributed to making the work available to the public (such as the original author) remain protected.

​Apple’s proposed new child safety features and the problems with privacy tradeoffs

On September 3, 2021, Apple paused the implementation of two highly controversial new child safety features that would both algorithmically and manually surveil the devices of Apple users for Child Sexual Abuse Material (CSAM). Resultantly, Apple received backlash centred around the privacy and security concerns that would arise because of its backdoor decryption policy and the fear that it would set a dangerous precedent for different kinds of materials that governments could illegally scan user’s devices for.

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