The Internet May Route Around Censorship, But How Does It Deal With Takedown Notices?
from the not-so-easily dept
One of the more famous sayings about the internet, by John Gilmore, is that “the internet treats censorship as a defect and routes around it.” However, the Guardian is taking issue with this statement, claiming that in the last decade or so, the use of takedown notices to ISPs have made censorship work — at least in Europe. All anyone needs to do if they want information taken offline is send a takedown notice (claiming copyright infringement or defamation, for example) to an ISP — and they’re likely to immediately take down the content, to avoid any liability themselves. This is thanks to an early case that suggested ignoring a takedown request made the ISP liable. There are a few interesting issues here. First, is whether or not that’s actually censorship (especially if there’s the ability to respond to and protest a takedown notice). However, much more important is whether or not this type of “censorship” is even particularly effective. As we’ve noted repeatedly, the simple act of trying to get content taken offline often gets it much more attention. So, while a takedown notice may be effective in getting the original taken down, it rarely succeeds in making the content disappear — and often gets the content much more attention than it would have had otherwise.
Comments on “The Internet May Route Around Censorship, But How Does It Deal With Takedown Notices?”
Bleh...
This is absurd, as you noted it gives the content more attention and there are servers all over the world to host all types of content. Nothing like free publicity though…
one of the greatest examples of free publicity would have to be the pirate bay!!
hac
Free publicity only for those that don't need it
Sure, a site that’s already widely known like Pirate Bay will get some free publicity from a takedown notice but lots of little sites get takedown notices every day and no one knows about it. And they’re the ones who don’t have the resources to fight it. I’m talking about stuff like a site posted by a guy who gets shafted by a local automotive repair place and wants to warn others in his community not to go there. No one outside the local community knows about it so the press and the EFF are not going to come to his rescue, the site just quitely disapears.
Re: Free publicity only for those that don't need
Any examples? How do you know lots of little sites have this happen? I’m not implying you are incorrect but what’s the point of your comment if it’s just empty speculation desguised as fact?
Re: Re: Free publicity only for those that don't n
Any examples? How do you know lots of little sites have this happen? I’m not implying you are incorrect but what’s the point of your comment if it’s just empty speculation desguised as fact?
You ARE implying I’m incorrect or you wouldn’t have posted your comment (which really IS empty speculation). I didn’t think specific examples were needed since any reasonably intelligent person could use Google and do some research if they wanted to verify it. Chilling Effects is an EFF project that catalogs hundreds of web site cease-and-desist and take-down notices. Since people who receive the notices have to know about the project and submit them, that database is obviously just the tip of the iceberg.
The problem with the Streisand Effect
The problem is that you have to have something “interesting” or noone picks up on your plight and publishes stories about it.
You absolutely cannot rely on the streisand effect to generate publicity to bypass censorship because most of the content beign taken down just isnt interesting.
Re: The problem with the Streisand Effect
That is very true. The Streisand Effect must be triggered by a hot topic issue, a big name,…ect. If that incident that brought on the name “Streisand Effect” had been some unknown random woman would we using the term “(last name) Effect”?
Free all the way, down with the RIAA
A perfect example is me. Because of all the publicity of Pirate Bay. I am now a member. Three weeks ago I never heard of them.
Re: Free all the way, down with the RIAA
Good Job, start using something that’s been widely publicised to download illegal software. Nothing like helping the RIAA and other antipiracy groups get more ammo to shut yet another site down…….even tho it does nothing illegal, seeing as it only has torrent files on its servers….
AOL data
Ha…take down the AOL data…and…the file is swarming all over the net…
old story about worst host ever, hypermart (THEY S
this is from march 2002 on delinquentminds.com:
“It has been a rough week!
My previous webhost, hypermart, deleted the website march 1st. They claimed i was hosting Pirated Software, Serial keys, and/or Copyrighted Software. I sent repeated emails to them and even called them telling them that their reasons were simply incorrect, i cant pirate my own software, even if it is copyrighted (BY ME!) and i had no serials
5 days later they decide they will send it to their abuse department and have them check into it
I asked if i could connect to the FTP to get my files, because i hadnt backed up the site in about 2 years (oops) so all the file counts, forum posts, forum members, hit count, .. the entire files page, forum settings and changes to forums cgi code to work with delinquentminds were all not backed up! (thought i had a more recent backup but i guess i lost it)
They said NO i couldnt, i told them they were MY FILES that they had and they refused..
so after being hosted by them for 2 years. they delete my site WITHOUT WARNING, DONT EVEN BOTH TO MAKE SURE THEY DID IT FOR VALID REASONS TILL 5 DAYS LATER!!, and flat out deny me to back my site up, this is how hypermart treats their “valued members”
they did say they would have abuse check it out though and they would decide within the hour, so i set up my ftp client to continuously try to connect to the ftp site, hoping i could connect at some point when they were investigating, or if they found it to be alright, and get my damn files!!
2-3 hours later i connected! i was totally surprised. my site was back up, this was wednesday
I started the FTP backing up the site and went to post the biggest rant about how hypermart sucks on the front page 🙂 when i went to update the news with the new story 2-3 minutes later the site was deleted again!!!!
and when i checked the FTP, it was getting permission denied on all the files 🙁
but before they managed to lock me out again i did get all the forum members, the forum cgi scripts, the files and files index.. but i didnt get the old forum posts so the forum is started over with 0 posts.
apparently the reason they deleted me the 2nd time was because someone NOT EVEN FROM BLIZZARD sent them an email claiming hacks are illegal, which is Bullshit, DMCA doesnt say shit about editing process memory in windows. Some guy on another website claimed he sent a spoofed email(“from blizzard”) to my host to get me deleted..
Anyway so hypermart fucked me for the last time, i moved the site to a new host!”
so anyway, hypermart completely sucks, they not only shut you down without valid reasons but they also completely disrespect their ‘valued members’ and refuse to let you even access your own files
HYPERMART SUCKS
Heaven's gate?
Yeah, I think I’m in the “this is BS” camp, though I could just be ignorant, I suppose.
If there is a website that people deem to be worthy of being taken down… someone else may just put the thing right back up ala the Heaven’s gate of a few years back (you can still get to that site).
Also, if the content provider is passionate enough about whatever they want to put up on their website and the ISP takes it down… well… they could always get a new ISP, right?