Austrian ISPs unhappy about network blocking practices

[Len]

Austrian Association of Internet Service Providers (ISPA) has raised concerns about the judgement of the Austrian Supreme Court (OGH) of the end of October, according to which copyright holders' requests for blocking access addressed to ISPs may also apply for BitTorrent platforms, although these only provide signposts for exchange and retrieval of copyright-protected content. The circle of websites which ISPs will block will also be extended to search engines and video platforms. ISPA's General Secretary Maximilian Schubert criticised the assessment that a web site qualifies for blocking or is not the responsibility of ISPs.

ISPA is also concerned about the global trend of growing internet blocking with the courts left out. According to a recently presented UNESCO report, internet blocking by governments has tripled over the past year and also in the upcoming EU legislation, internet blocking has been discussed as a measure to protect users from fake shops, for example.

ISPA believes erasing content is a more efficient tool as blocking can be circumvented by both providers and consumers and because it can also be misused, which is often the case.

Although ISPA categorically refuses internet blocking, it has nevertheless had a study done on how blocking can be implemented to provide at least for fundamental rights in cases of alledged copyright violations. Based on the study, ISPA is calling for a legal framework, providing for legal certainty in relation to network neutrality and transparency, with exclusive responsibility given to courts to decide on blocking. According to Schubert, the current practice, with providers having to block when requested by the copyright owner, is unsustainable, and is calling for action by legislators.