Monitored Alarm Systems

Few months ago we noted that the European Court of Justice ruled that ISPs can not be required to implement a filtering system designed to detect a violation of copyright. The case of Belgium piracy organization / collection agency SABAM, who had demanded that a local ISP filter reached proactive. Apparently, this strategy SABAM is not limited only to the ISP, but also made similar efforts against online sites and social networks, including local social network Netlog. This case follows a similar path, and now the European Court of Justice issued a similar decision by noting that an online site can not be required to proactively monitor for crimes affecting the rights, because many other . The statement of the court (pdf) is worth reading:

In the main proceedings, the injunction requires the installation of a filtration system would control all or most of the information stored by the service provider Hosting concerned, in the interests of copyright holders. In addition, monitoring should not be any limitation in time, going to all offenses in the future and intend to protect not only existing works but also works that have not yet been created in the moment where the system is introduced. Therefore, as a court order would result in a serious violation of freedom of Netlog to carry out its activities, as Netlog need to install a complex, expensive system, permanent equipment, on their own.

In addition, the effects of this injunction is not limited to Netlog, since the filtration system may also violate the fundamental rights of service users, to know their rights the protection of personal data and freedom to receive and impart information - which are rights guaranteed by the Charter of Fundamental Rights of the European Union. First, the injunction involve the identification, analysis and systematic processing of information related to profiles created in the network, information protected personal data, in principle, allows users to identify themselves. Second, that the injunction would undermine the freedom of information, the system could not distinguish between illegal and legal, with the result that its introduction could lead to the blockage of legitimate communications.



Consequently, the response of the Court's view, by adopting a precautionary measure that requires the hosting provider to install a filtration system, the national jurisdiction in accordance with the requirement of a fair balance between intellectual property rights on the one hand, and freedom of enterprise, the right to personal data protection and freedom to receive and impart information on the other.
other court order against the work out of the reach of the industry of mass entertainment good, trying to bend and break the Internet to act more like the way they want, rather than how everyone wants to work
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