[Pt53] Research: The use of the DMCA to stifle free expression

[Eduardo Bertoni]

Dear friends and colleagues,



The use of the Digital Millennium Copyright Act  -DMCA- as a tool for
political censorship is neither regionally nor ideologically specific. In
the paper *"The use of the DMCA to stifle free expression"* (co-authored
with Sophía Sadinsky) we demonstrates how it has been applied in a range of
cases around the world that are startlingly diverse in terms of their
scale, substance, and the players involved. In other words, we examines the
misuse of the Digital Millennium Copyright Act (DMCA) to censor political
and other forms of speech online, with a particular focus on its impact in
Latin America.



The paper reviews the characteristics and scope of the DMCA and highlights
several cases in North and South America in which the legislation has been
used to remove online content. It briefly outlines the international and
regional standards that govern freedom of expression and how DMCA takedowns
violate these norms. Finally, it presents existing proposals to mitigate
the use of the DMCA to censor protected speech and offers additional
recommendations.



The paper was published in in Revista de Derecho, Comunicaciones y Nuevas
Tecnologías No. 13, Enero - Junio de 2015. ISSN 1909-7786, Universidad de
los Andes, Facultad de Derecho, Colombia. The complete version of the paper
(in English) is available here
<https://derechoytics.uniandes.edu.co/components/com_revista/archivos/derechoytics/ytics199.pdf>
.


Best


Eduardo Bertoni
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/pt53/attachments/20150703/cabcc471/attachment.html>