Modèle:ConsultCE2014:No additional involvement of technical intermediaries in the application of copyright
15. No additional involvement of technical intermediaries in the application of copyright
In section VI of the public consultation, the Commission asks whether “the current legal framework [is] clear enough to allow for sufficient involvement of intermediaries (such as Internet service providers, advertising brokers, payment service providers, domain name registrars, etc.) in inhibiting online copyright infringements with a commercial purpose” and “If not, what measures would be useful to foster the cooperation of intermediaries?". The desire to involve and make responsible technical intermediaries, which was also at the heart of SOPA and ACTA, can be seen clearly here.
This reflects the repressive tendency that has characterised the evolution of copyright legislation for years. It will affect freedom of expression online, as well as jeopardising essential guarantees of citizens' rights which require the intervention of a judge and a fair trial. The principles applicable to the liability of technical intermediaries are regulated by Directive 2000/31/EC on electronic commerce, and have been laid out by jurisprudence in several european courts. The revision of the Directive on copyright should not weaken their status.