Prohibition of general monitoring obligations and .. (stay-down)
Prohibition of general monitoring obligations and stay-down injunctions in light of the proportionality requirement: a European and comparative study
Start date: Apr 1, 2013,
End date: Jun 12, 2017
We propose to study the relationship between the prohibition on intermediaries of general monitoring obligations and the permanent removal of illegal content on the Internet (known as “stay-down” orders). This relationship will be studied in light of the proportionality principle that permeates the European legal system, as well as the technical characteristics of monitoring tools. We intend to develop a model where the multiple interests involved, especially when they emanate from fundamental and human rights, will be properly balanced. We anticipate that our results will offer a set of normative concepts and standards that will be essential for courts to issue stay-down orders that are proportionate and fair, but also dissuasive. Our findings will also be extremely beneficial for legislators and policymakers when the time for new legislation comes.
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