Internet Archive warns of the danger of automatic content filtering on the Internet

A nonprofit library with millions of free books, movies, software, and music (a total of 26 petabytes of content) of the Internet Archive is as interested in normal copyright law as anyone else. Right now, copyright holders send millions of e-mail notifications to YouTube, Google, torrent trackers and other services every day.

The number of notifications is growing exponentially, and the current system is no longer satisfied with the right holders. They initiated a public discussion of amendments to the DMCA at the US Copyright Office. The main requirement is that website owners must not only remove illegal content on demand, but also ensure that this content never appears on their site in the future ("notice and staydown" principle). To do this, sites must implement an automatic filtering system.

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On March 22, the Internet Archive published its own DMCA reform proposal , which warns against the introduction of the "notice and staydown" system.
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According to the Internet Archive, there is a difference between commercial piracy and the publication of materials in order to preserve and disseminate cultural wealth. Therefore, when considering each case, it is important to consider the context in which the potentially infringing material is published. This is the biggest problem "notice and staydown".

“That's why the proposal to introduce notice and staydown, which automatically scans and filters previously blocked content — regardless of context — threatens to suppress legal freedom of speech and fair use of materials,” the Internet Archive said.

The Internet Archive is reminiscent of the founding principles of libraries, as articulated in Library Bill of Rights . He urges libraries to "fight censorship to fulfill their duty to carry information and education." The proposed “notice and staydown” mode is contrary to this principle.

Warning by the automated caesura, the Internet Archive simultaneously notes that they constantly receive many erroneous requests to delete content. For example, recently there have been requests for deletion of works that are in the public domain, such as “Jane Eyre”, “Moby Dick”, “Dracula” - all because the “stupid” algorithms of the software systems from the right holders worked for some key the words.

"We are deeply concerned that the introduction of automatic filtering will lead to the removal of too many materials that are currently used in reasonable, legal and legally protected ways - especially when the main purpose of the complaint is not related to copyright protection, but rather an attempt to silence the opponent" .

Therefore, the Internet Archive proposes to make adjustments to the DMCA to allow sites to leave content online, as long as they have a “genuine conviction” that the received DMCA notice is erroneous.

A letter from the Internet Archive to the US Copyright Office shows that the struggle of copyright holders with pirated content can be even tougher — and it can harm normal good websites, such as electronic libraries, that have nothing to do with commercial piracy.