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European ISPs Demand Rightsholder Liability for Site Blocking Overreach

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Euro ISPA, representing 3,300 European internet providers, filed a formal request with the European Commission demanding rightsholders face accountability for overblocking damage. The association argues that current site blocking orders create collateral harm without consequences for copyright holders who push for broad restrictions.

Recent incidents demonstrate the scope of the problem. Italy's Piracy Shield blocked over 7,700 domains unintentionally, while Spanish football league orders disrupted banking apps and payment platforms used by millions. Cloudflare received a €14 million fine from Italy's AGCOM for non-compliance with blocking demands. These cases show how enforcement actions spill beyond intended targets.

The technical burden extends beyond ISPs to DNS resolvers and VPN providers who lack infrastructure to implement geographic restrictions effectively. Euro ISPA cites the EU's Intellectual Property Rights Enforcement Directive as legal basis for requiring rightsholders to compensate affected parties. Current rapid-deployment requirements, like Italy's 30-minute compliance window, disproportionately impact smaller service providers lacking instant response capabilities.

Euro ISPA's submission arrives during the Commission's ongoing review of the Copyright in the Digital Single Market Directive. The ISPs argue existing laws already provide framework for accountability, making new legislation unnecessary. Whether the Commission will act on these specific recommendations remains uncertain, but the technical and legal precedents are now documented.