‘Trusted Flagger’ Anti-Piracy Tools Raise Concern at US Chamber of Commerce
In response to rising levels of online infringement, major rightsholders have promoted the use of so-called ‘trusted flaggers’. These entities would have permission to interface with online services and directly flag content to be rendered unavailable, minus the usual friction. In its 2023 IP Index report, the US Chamber of Commerce suggests that the introduction of ‘trusted flaggers’ in the EU may actually represent a new barrier to effective enforcement.
The US Chamber of Commerce 2023 International IP Index report is a pretty big read at 213 pages, but for those interested in intellectual property matters, it’s an interesting one too.
The report benchmarks the IP frameworks in 55 major economies and rates them based on how effectively they protect all kinds of intellectual property. Countries and regions with a reputation for cracking down on infringement tend to gravitate towards the top of the index but that doesn’t prevent the Chamber of Commerce from offering criticism.
For the last two years, the European Commission has expended significant resources on two new pieces of legislation known as the Digital Markets Act (DMA) and the Digital Services Act (DSA). Their overall goal is to improve online safety and protect citizens’ fundamental rights, while ensuring that digital markets are both fair and open.
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