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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: 



              Maayan Perel* & Niva Elkin-Koren

                   CITE AS: 19 STAN. TECH. L. REV. 473 (2016)


    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.


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