Piracy Shield: European Commission Urged to Assess Legality Under EU Law
The Computer & Communications Industry Association (CCIA), representing major tech companies such as Amazon, Apple, Cloudflare, Google, and Meta, has raised significant concerns regarding Italy’s “Piracy Shield” system. They urge the European Commission to assess its legality under EU law, particularly in light of potential conflicts with the Digital Services Act (DSA) and fundamental rights.
Key Concerns:
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Overblocking Risks: Piracy Shield processes blocking requests automatically within 30 minutes, without adequate checks, leading to potential overreach and unintended service disruptions.
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Lack of Transparency: The system operates with limited transparency, offering no meaningful opportunity for affected parties to contest blocking orders before enforcement.
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Extraterritorial Enforcement: AGCOM’s proposal includes provisions for content removal across EU member states, raising questions about compliance with the DSA’s structured cross-border cooperation mechanisms.
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Procedural Safeguards: There is an absence of independent review or timely appeal mechanisms, and the technical specifications and operational protocols of Piracy Shield have not been made public.
The CCIA has submitted a detailed opinion under the TRIS procedure, emphasizing the need for the European Commission to evaluate the system’s compatibility with EU law and its potential impact on the internal market and fundamental rights.
