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These could preemptively block legitimate online content such as parodies and remixes, inhibiting online expression.
The EU Commission organized stakeholder dialogues concerning the controversial paragraph in the copyright directive regarding the implementation of upload filters in October In June , after the coverage period, the Federal Ministry of Justice released a draft discussion on how to implement the directive without imposing upload filtering.
Companies can be held liable for illegal content under the Telemedia Act. While ISPs are not required to proactively monitor the information of third parties on their servers, they become legally responsible as soon as they gain knowledge of violations or violate due diligence requirements.
In , the Federal Court of Justice ruled that the blocking of a website may be ordered as a last resort if it is the only means for a copyright holder to effectively end rights infringement on that website.
If the provider refuses, a court can intervene. The decision has been subject to criticism, with detractors noting that blocking is considered easy to circumvent and thus ineffective.
The protection of minors constitutes an important legal basis for extant regulation of online content. The JMStV bans content similar to that outlawed by the criminal code, such as the glorification of violence and sedition, and provides a framework for age restrictions on content without specifying measures to implement them.
In June , the ruling coalition in the federal parliament enacted a law that abolished most legal liability for providers of open wireless networks, or hotspots.
For years, the number of free, public Wi-Fi hotspots in Germany remained low, as providers feared potential negative legal consequences if their networks were used for illegal activities.
In a case discussed publicly in the Federal Court reinforced this legislation stating that copyright holders may coerce hotspot providers to shut down access to certain content or set up password locks and user registration mechanisms.
To date, self-censorship online has not been a significant or well-documented problem in Germany. This self-binding code of ethics forms the basis for the evaluation of possible complaints from the public.
It includes 16 provisions and is centered on the protection of human dignity. On the other hand, the criminal code and JMStV clearly define and prohibit content such as child sexual abuse imagery, racial hatred, and the glorification of violence.
The NetzDG has been criticized for leading to a potential chilling effect on content posted online see B3.
There is, however, a lack of evidence that these restrictions have led to significant levels of self-censorship. A proposed amendment to NetzDG would target online hate speech and hate crimes for prosecution see B2.
In a statement commenting on the amendment, the German Federation of Journalists voiced its concern that the exposure to threats and defamation online might lead to self-censorship.
While there were concerns about the proliferation of disinformation leading up to the September federal elections, no decisive impact was documented.
Nevertheless, those concerns prompted legislators to push for controversial legal solutions with potential implications for freedom of expression online.
Proposed solutions were not precisely defined and included identifying or even prohibiting bots. Some definitions under discussion would cover human accounts on online platforms, which would then be targeted.
In the aftermath of the elections for the European Parliament, which took place in May , experts concluded that disinformation only had a small impact on the vote results.
Sources of junk news consisted mostly of domestic media outlets with alternative or partisan perspectives. False news stories mostly featured content relating to immigration, religion, and terrorism.
While individual internet users face few economic or regulatory obstacles to publishing content online, German law exposes companies such as social media platforms or hosting providers to substantial financial penalties.
The NetzDG law see B3 imposes hefty fines on social media companies that fail to comply with content-removal and reporting requirements. Moreover, the law has forced social media companies to set up expensive internal systems to comply with its requirements.
Facebook, Google, Twitter, and TikTok collectively employ thousands of people to review complaints submitted under NetzDG. If and when it enters into force, the EU terrorist content regulation could impose even heftier fines on these companies and would necessitate the hiring of many more personnel.
Consequently, both NetzDG and the EU terrorist content regulation make it more difficult for new companies to enter the German market.
In May , the heads of the federal state governments signed a new Interstate Media Treaty MStV to replace the existing Interstate Broadcasting Treaty—which regulates radio broadcasting in Germany—and to establish regulations for new forms of media outlets.
Additionally, journalistic online outlets will be subject to a self-regulation institution similar to the German Press Council, with penalties for refusal to comply or for the repeated distribution of disinformation.
The MStV also imposes algorithmic transparency and nondiscrimination requirements on major online platforms that aggregate third-party content, such as Google, Facebook, and Apple.
A consortium of representatives from the press and digital media have criticized the Treaty for its paternalistic stance toward consumers and its limiting of user autonomy.
In April , the federal parliament incorporated EU rules on net neutrality into domestic law. However, the lawsuit was moved to the European Court of Justice in January and a final judgement had yet to be made by the end of the coverage period.
The government coalition, formed in early , has reiterated its support for ancillary copyright for publishers Leistungsschutzrecht für Presseverleger , in force since In September , the Federal Cartel Office decided that Google was not in violation of antitrust laws.
Germany is home to a vibrant internet community and blogosphere. Local and international media outlets and news sources are accessible and represent a diverse range of opinions.
During the coverage period, several civil society initiatives used the internet to conduct advocacy campaigns related to political and social issues in Germany.
Social media has also played a crucial role in the growth of the climate protection movement. In Berlin, the protests have been ongoing since September In September , 1.
Additionally, the climate protest movement Extinction Rebellion organized and coordinated multiple strikes and roadblocks in Berlin, shutting down main roads and tourist attractions for days.
In a landmark decision, the Federal Constitutional Court ruled that the German Basic Law applies to foreign surveillance operations, not only domestic surveillance.
Judicial bodies operate independently, and generally support the protection of basic rights. Since , the Office of the Federal Commissioner for Data Protection and Freedom of Information has been an independent supreme federal authority, a clear upgrade from its former status as a subdivision of the Federal Ministry of the Interior.
Online journalists are largely granted the same rights and protections as journalists in print or broadcast media. After two journalists from the online outlet Netzpolitik briefly faced criminal proceedings for alleged treason in , Federal Minister of Justice and Consumer Protection Heiko Maas announced a bill with the aim of explicitly excluding journalists from the scope of the treason provision in the criminal code.
However, the promised reform had not made any as of the end of the coverage period. Posted: 28 Jul AM PDT. A quarter century ago the music industry was confronted with a new threat — cassette tape recorders.
The record labels took their fears to Congress, which eventually resulted in the Audio Home Recording Act AHRA of The legislation also applies to some newer recording devices common today, which is now causing trouble for Ford and General Motors.
Both companies ship cars with the ability to rip CDs onto internal hard drives and according to a coalition of artists and record companies this violates copyright law.
The Alliance of Artists and Recording Companies AARC , which lists major record labels and , artists among its members, filed a class action lawsuit on Friday in which they demand millions of dollars in compensation.
According to the music group these devices fall under the Audio Home Recording Act and the car companies are therefore required to pay royalties.
Thus far, neither Ford nor General Motors has complied with any requirements of the Act. Both companies have sold cars with these devices for several years on a variety of models including the Lincoln MKS, Ford Taurus, Ford Explorer, Buick LaCrosse, Cadillac SRX, Chevrolet Volt, and GMC Terrain.
In addition to the two car companies, the lawsuit also targets their technology partners Denso and Clarion. Commenting on the dispute the AARC notes that a class action lawsuit was unavoidable.
But having reaped the benefits of this bargain, Ford, GM, Denso, and Clarion have now decided to ignore their obligations to music creators and declare themselves above the law," AARC Executive Director Linda Bocchi comments.
The artists and record labels are looking for both actual and statutory damages, which could amount to hundreds of millions of dollars. In addition, they want to prevent the manufacturers from selling these unauthorized devices in their cars.
Last week saw the leak online of the brand new Expendables movie. Earmarked for an August 15 U. The timing and quality combined to make the leak one of the most prominent in recent years.
Originally it was believed that Pirate Bay releaser Drarbg uploaded the first public torrent, but that was not the case. Flying under the radar a hugely less popular torrent still only with a handful of seeds actually preceded it by almost 20 minutes.
The thread is right here and obviously everything happened in public. Japan to Crack Down on Anime and Manga Piracy.
In an effort to crackdown on Internet piracy, during October the Japanese government introduced new legislation targeted at file-sharers.
To support existing punishments of up to 10 years in prison for uploaders, knowingly downloading copyright-infringing material became an offense carrying a potential two years in jail.
While it was hoped that these measures would encourage consumers to do the right thing, today the problems persist. As a result, this week the Japanese government will act in order to preserve what it sees as one of its greatest cultural exports.
Anime and manga are now consumed in countries right around the world and Japan sees this interest in Japanese culture as useful to its relationships abroad.
However, with that popularity comes piracy, much of it facilitated by unlicensed overseas sites. In the hope of remedying the situation overseas, this Friday will see the launch of a massive anti-piracy campaign aimed at making a huge dent in anime and manga piracy.
The sites are located in various regions, but there will be a particular focus on China. Whether those sites will comply will remain to be seen, but should pirate content become harder to find the campaign wants to be able to capitalize on that opportunity.
According to NHK , a new site will direct fans to legal copies of the affected works at a flat price of a few hundred yen.
It seems highly unlikely that overseas sites will comply fully with the requests of the Japanese. However, by attempting to serve the overseas markets with legal content it will at least make it easier for foreigners to open their wallets, should they feel inclined to do so.
This week we have three newcomers in our chart. The Expendables 3, which leaked several weeks before the official premiere , is the most downloaded movie this week.
The data for our weekly download chart is estimated by TorrentFreak, and is for informational and educational reference only.
RSS feed for the weekly movie download chart. Naval Research Lab NRL asked themselves if there was a way to create internet connections that don't reveal who is talking to whom, even to someone monitoring the network.
Their answer was to create and deploy the first research designs and prototypes of onion routing. The goal of onion routing was to have a way to use the internet with as much privacy as possible, and the idea was to route traffic through multiple servers and encrypt it each step of the way.
This is still a simple explanation for how Tor works today. In the early s, Roger Dingledine, a recent Massachusetts Institute of Technology MIT graduate, began working on an NRL onion routing project with Paul Syverson.
To distinguish this original work at NRL from other onion routing efforts that were starting to pop up elsewhere, Roger called the project Tor, which stood for The Onion Routing.
Nick Mathewson, a classmate of Roger's at MIT, joined the project soon after. From its inception in the s, onion routing was conceived to rely on a decentralized network.
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