In force since 8 August this year, the new law provides precise provisions for the prevention and repression of the illicit dissemination of content protected by copyright through electronic communications networks
Law 14 July 2023 n. 93 protects “digital rights”, i.e. online copyright, and was created to combat the increasingly widespread audiovisual piracy, which makes paid audiovisual content available on the web (for example, films or sporting events) whose distribution rights belong to recognized platforms. If once there were the galleons and “prahos” of the pirates by famous Italian writer Emilio Salgari, now there are pirate servers, nestled online and ready to damage those who produce the contents and legitimately sell them to the public.
We are neither jurists nor legislative experts, but we understand technologies, and in particular A/V technologies, so let’s get straight to the point: given that the objective of the law is to block illegal streaming servers within 30 minutes, therefore in good time to save sporting events and shows from computer piracy, the tool provided by law to achieve this ambitious objective is an automatic system that should target the “indicted” servers. But here’s the main doubt: how to avoid mistakes? And how to remedy it in good time? What if a legitimate website with sensitive data, perhaps linked to very important services, was blocked? Examples abound: from public services to transport, from healthcare to banking and financial sites.
And above all: who will wield this powerful weapon, this “automatic shutter” which looks so much like the “Death Star” from the “Star Wars” saga? In theory, an official reporter recognized by the copyright holders (streaming platforms etc.) should draw up a list of the sites to be targeted for the benefit of Agcom (Communications Guarantee Authority); Agcom will provide these targets to Internet providers, who should automatically delete them.
But what guarantees are there that the coordinates of this cyber naval battle, whose field is the web, are correct? What if some hacker had fun providing the wrong targets, causing important national security or healthcare sites to go offline? In short, there is no shortage of shadows and, although the protection of copyright must also be guaranteed for audiovisual content, it is not certain that the path that has been taken is the best one.
In short, although it is right to guarantee the protection of copyright also for audiovisual content, it is not certain that the path taken is the best one. Presumably, it will now be up to Agcom and the National Cybersecurity Agency to better define the “technological rules of engagement” to manage the convenient automatic deletion, because the opportunities to create chaos by providing wrong IP addresses to target are frankly too tempting to hackers and computer pirates. And in case of error, what will be the procedures for restoring sites that have been unjustly blocked? What are the possible compensations?
Many questions and – so far – too few answers. But we know: every law, conceived even with the best intentions, must be put to the test by reality, the most severe teacher there is. We’ll see, with our eyes wide open!
