Some time ago, we were contacted by a group fighting against online CSAM, demanding that AdGuard DNS blocks the Archive.today website. This was only the beginning of a much larger story…
I feel like more people should know about this, specially the tech-native Lemmy audience that may be using Adguard DNS.
We sought legal advice, and unfortunately discovered that French law, specifically Article 6-I-7 of the Loi pour la Confiance dans l’Économie Numérique (LCEN), might actually require us to respond and apply blocking measures, at least for French users.
That said, this whole situation shows just how inadequate this regulation is. Such decisions should be made by a court — a private company shouldn’t have to decide what counts as “illegal” content under threat of legal action.
Good ol’ European governments exerting legitimate authority to protect civil liberties & information freedom.
At least they had enough sense to stipulate penalties for manipulative reports:
Art. 6-I-4 LCEN:
Any person who presents content or activity to the persons referred to in paragraph 2 as being illegal with the aim of having it removed or its dissemination stopped, when they know this information to be inaccurate, shall be punished by one year’s imprisonment and a fine of €15,000.
In the US, it goes to trial through criminal or civil law.
Intentionally filing false reports is a crime with its own penalties.
Frivolous or vexations litigation may likewise be penalized.
Penalties vary by jurisdiction.
Good ol’ European governments exerting legitimate authority to protect civil liberties & information freedom. At least they had enough sense to stipulate penalties for manipulative reports:
And what’s the equivalent penalty for a false report in the US?
I might be wrong, but I believe that the answer is none.
In the US, it goes to trial through criminal or civil law. Intentionally filing false reports is a crime with its own penalties. Frivolous or vexations litigation may likewise be penalized. Penalties vary by jurisdiction.