By the copyright complaint against web All AGCOM

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Italy is coming to an automated system and directed to seize foreign sites of any kind: from Wikileaks to foreign newspapers online, from blogs to videos. E ‘contention that a campaign will start this afternoon, signed by many associations and sent in the form of an open letter to Parliament. In the viewfinder there is a AGCOM (Authority for Communications) Copyright and now in public consultation.

Takes shape and then an alarm that was already in the air: that the resolution could become a tool of censorship of overseas websites. I am convinced the members of the campaign, with initiatives and commercials on various media: Adiconsum, Agora Digital Marco Cappato (Radicals), Altroconsumo, Assonet-Confesercenti Assoprovider-Confcommercio, Sarzana & Partners Law Firm.

A website will allow anyone to join the campaign and track developments. The letter speaks of the birth of a risk that “a pervasive system of control and censorship.” And denounced as “unconstitutional” the resolution. Which is now in public consultation and which in less than a month the same Agcom – having heard the advice – will make a decision.

“The reason for this alarm is discovered between the lines of AGCOM,” said Fulvio Sarzana, lawyer of the internet and one of the promoters of the campaign. “We read that Agcom reserves the right to confiscate (ie to prevent access to Italian users) sites predominantly devoted to the infringement of copyright or whose servers are located abroad.

As is evident, with the conjunction” or “open a world. ” “Anything related to copyright and abroad email may end up in the crosshairs of the Authority, which would decide the seizure independently, without passing by the court. It ‘s a thing unheard of in democratic countries. And it is unconstitutional,” Sarzana adds.

“Indeed it is stated that the intent of the Authority shall act in this attachment system should be automatic.” What could happen? “YouTube, which has servers in Ireland, Italy becomes unreachable for a single video pirate,” Sarzana says for example, that copyright protection could also be the pretext to seize or blog sites with objectionable content to someone.

“In the trap could happen Wikileaks. Whatever anyone says that one of those confidential documents in breach of copyright would be seized and the entire site. When the server is abroad, in fact, you can not hit a single file or offending pages. ” Of course, members of the Authority stressed that the resolution only serves to protect the copyright.

“But no matter what they say verbally, but what it says. And what is written gives the means to censor websites and content places abroad, “says Sarzana.” To avoid that this occurs in a silent way, we appeal to the Communications Authority to maintain a moratorium on new rules on copyright, “the letter reads.” We fear that the tasks that rely upon the regulatory authority Guarantor assume unmanageable dimensions by the Authority and will soon be followed by a congestion probably approaching or mere discretion.

” The petitioners request, finally, that both Parliament and not the Authority, to give birth to a new law on copyright. “In this way you will get the result to give back to Parliament on the role of interlocutor with civil society, and respect the principle of separation of state powers.

“A request to the Authority the unprecedented task of making a law on copyright was the Roman decree (by Paolo Romani, current Minister of Economic Development). it was a forcing but also knows the Agcom fact that in this context has precisely the Parliament and asked the government to deal with a revision of the laws on copyright.

How to say because we do have it imposed a decree, but we also know well that this should be the responsibility of other institutions.

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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