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[liberationtech] Designing Fairness for DMCA

riptidetempora at tormail.org riptidetempora at tormail.org
Tue Jul 16 13:14:11 PDT 2013


> We call this "The trust and safety departments at most major companies."
>
> It already exists. You're getting wrapped up in a technical implementation
which would normally be handled by large teams. The level of integration
you describe is more than just a simplistic database table.
>
> Additionally, your order of operations doesn't match the DMCA workflow that
is required by law. Have a look at this helpful infographic and rethink the
flow..
>
> http://www.mediabistro.com/appnewser/files/2012/02/infographic-dmca-process1.png
>
> -j
So there's no deviation from that workflow possible? Not even a short time
buffer before content is taken down?

The idea was two-fold: Give the rest of the world advance notice of a
pending takedown and make all communications about DMCA takedowns
(requests, counter-notices, etc.) public and transparent so if there are
abusive practices (e.g. automated requests), they're out in the open for
everyone to see.

There are no laws prohibiting the publication of DMCA takedown notice
emails and their full headers, are there?

Even if the idea as written is flawed, is there any way I can achieve
those two goals?




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