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19 Stan. Tech. L. Rev. 473 (2015-2016)
Accountability in Algorithmic Copyright Enforcement

handle is hein.journals/stantlr19 and id is 489 raw text is: ACCOUNTABILITY IN ALGORITHMIC COPYRIGHT ENFORCEMENT Maayan Perel* & Niva Elkin-Koren CITE AS: 19 STAN. TECH. L. REV. 473 (2016) ABSTRACT Recent years demonstrate a growing use of algorithmic law enforcement by online intermediaries. Facilitating the distribution of online content, online intermediaries offer a natural point of control for monitoring access to illegitimate content, which makes them ideal partners for performing civil and criminal enforcement. Copyright law has been at the forefront of algorithmic law enforcement since the early 1990s when it conferred safe harbor protection to online intermediaries who remove allegedly infringing content upon notice under the Digital Millennium Copyright Act (DMCA). Over the past two decades, the Notice and Takedown (N&TD) regime has become ubiquitous and embedded in the system design of all major intermediaries: major copyright owners increasingly exploit robots to send immense volumes of takedown requests and major online intermediaries, in response, use algorithms to filter, block, and disable access to allegedly infringing content automatically, with little orno human intervention. Algorithmic enforcement by online intermediaries reflects a fundamental shift in our traditional system of governance. It effectively converges law enforcement and adjudication powers in the hands of a small number ofmega platforms, which I We thank Oren Bracha, Miriam Marcowitz-Bitton, Jane Ginsberg, Ellen Goodman, Eldar Haber, Lital Helman, Ethan Katsh, Shelly Kreiczer-Levy, Edward Lee, Neil Netanel, Gideon Pharchomovsky, Orna Rabinovich-Einy, and Tal Zarsky, as well as the participants of the Trust and Empirical Evidence in Law Making and Legal Process conference at the University of Oxford on June 19-20, 2015, and the participants of the Openness and Intellectual Property conference at the University of Pennsylvania on July 22-24, 2015, for their insightful comments. We are further grateful to Dalit Kan-Dror, Esq., and Nati Perl for their academic assistance. This research was supported by I-CORE Program of the Planning and Budgeting Committee and the Israel Science Foundation. I Dr. Maayan Perel, Lecturer, Netanya Academic College; Reserach Fellow, Haifa Center for Law & Technology, University of Haifa Faculty of Law; S.J.D., University of Pennsylvania Law School. Professor Niva Elkin-Koren, Director, Haifa Center for Law & Technology, University of Haifa Faculty of Law. 473

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