Modern enforcement or modern censorship? – recent lessons from website blocking

Abstract

The enforcement of copyright laws has faced some seemingly unwinnable battles over the last decade. It does not seem to be an exaggeration to assert that the enforcement tools of copyright law (or at least a considerable number of them) have become outdated. However, modernization of these instruments or the introduction of new tools is by no means an easy task. Blocking websites is a relatively new tool, but one may have the impression that this tool, too, is attempting to remedy or conceal the difficulties which arise when attempting to enforce a law The aim of this study is to decide whether or not this assumption is true, and to determine whether the practice of blocking websites can be regarded as an acceptable, effective solution. This is a particularly exciting issue in the light of legal developments in recent years and with the advent of the CDSM Directive. It has become clear that this directive cannot be applied universally. It currently appears that the regulation of blocking websites is becoming more and more differentiated, with the aim of developing modern and efficient means of enforcement – the question is whether it will be possible to create the necessary conditions for this in the near future.