EU Terrorist Content Online proposal – political haste and unintended consequences

In September, the European Commission presented a legislative proposal to address the removal of terrorist content online. There has been significant political pressure, particularly as the EU elections of 2019 approach, towards internet companies taking on increased responsibility in the area of terrorist propaganda online. This proposal would be a marked move from various voluntary initiatives taken up by some social media companies in recent times towards a legal responsibility framework for many.
While appreciating the concerns around terrorism, Cloudflare is not only troubled by the late presentation of this proposal – which leaves inadequate time for a thorough review before this EU legislative term expires – but also much of the substance. Along with others such as CDT, GSMA/ETNO and Mozilla, we have significant concerns around the legal implications, practical application and possible unintended consequences of the proposal, some of which we outline below. Furthermore, we believe that little evidence has been presented as to the necessity of the proposed measures.
Concerns and shortcomings
The Commission’s proposal does not account for the complexity and range of information society services having a storage component - not all services have the same Continue reading
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