Weaponizing Privacy and Copyright Law for Censorship

Abstract

The deep structural inequalities in the information ecosystem are increasingly visible as states vie for their right to govern information flows and technology, with profound ramifications on journalism far beyond their borders. This paper analyzes how a constellation of globally influential technology policies aimed at enhancing individual privacy and intellectual property (IP) rights, addressing content moderation, and mitigating online harms have been wielded by powerful government and business officials as a weapon to censor independent news media and deter investigative reporting. It argues that US and European copyright and privacy laws shape the visibility and viability of news media globally, from their ability to claim fair use and conduct investigative reporting in the public interest to the resources they must deploy to navigate these techno-legal systems. These effects are particularly pronounced when it comes to investigative reporting and news media, particularly in countries where political leaders do not engage with independent media and where state-aligned media often provide the main source of government information. It introduces the concept of moderation mercenaries and the use of strategic notices against public participation (SNAPPs) as helpful concepts for making sense of how these laws are weaponized. Malign actors have weaponized copyright and privacy laws — and the technological infrastructure created by tech platforms to implement them — to claim that journalistic articles infringe on copyright or restrictions on personal data and collection, resulting in critical journalistic coverage being erased from the internet and news archives. Content farms have further drained digital advertising coffers by plagiarizing and monetizing original news reporting. A failure to grapple with this dual-pronged reality risks further undermining media freedom and the viability of public interest news media. This paper shows how poorly designed and implemented techno-legal regimes empower wealthy and powerful individuals to intimidate and coerce the media into removing coverage while becoming essential tools in the arsenal of the public relations (PR) and reputation management firms that conduct influence operations around the world, to the detriment of press freedom and the fight against disinformation and corruption.

Keywords: technology policy, copyright, censorship, press freedom, journalism, media, public service media, investigative reporting, EU, US, GDPR, DMCA