Techdirt Flashback: Surveillance Failures & Early Internet Censorship Battles Resurface in Current Debates
Washington D.C. – Recurring themes of government overreach in surveillance and attempts to control online content dominated tech news this week in history, according to a review of Techdirt’s archives from November 16th – 22nd. events from 2015 and 2010 reveal a pattern of policy responses that frequently enough fail to address root problems while simultaneously threatening fundamental rights-a pattern acutely relevant as lawmakers onc again grapple with issues of online safety, encryption, and content moderation.
The cyclical nature of these debates underscores a critical tension: the desire for security and control frequently enough clashes with the principles of a free and open internet. Examining past responses to crises, like the 2015 Paris attacks, and legislative pushes like the 2010 COICA bill, offers valuable lessons about the unintended consequences of reactive policymaking and the importance of protecting digital freedoms. These historical flashpoints continue to shape the current landscape of technology and law, impacting everyone from individual users to major tech companies.
2015: the Illusion of Surveillance & The Rise of Censorship
Following the 2015 Paris attacks, calls for increased surveillance intensified, despite arguments that more data collection wouldn’t necessarily prevent future attacks. Techdirt reported on efforts to convince the intelligence community of this very point, only to discover the attackers had coordinated using unencrypted SMS messages. This revelation highlighted the limitations of mass surveillance and the attackers’ ability to circumvent it. France’s response was swift and concerning: the passage of a new internet censorship law.
2010: Copyright Wars & The First Battles Over Internet Control
Fifteen years ago, the internet faced a different, yet equally meaningful, set of challenges.Major League Baseball initiated a widespread YouTube takedown campaign, while WordPress was criticized for quickly complying with DMCA takedown requests.Warner Bros. aggressively pursued those responsible for leaking a Harry Potter film. Simultaneously, Rupert Murdoch’s paywalls inadvertently diminished the visibility of his newspapers’ reporting, and Arianna Huffington faced a lawsuit alleging she “stole” the idea for The Huffington Post.
The most pressing threat, though, centered on the proposed Combating Online Infringement and Counterfeiting Act (COICA). Universal Music launched an astroturfing campaign to support the bill, while the MPAA defended it with demonstrably false claims. Despite opposition, the Senate Judiciary Committee advanced COICA with 19 votes, prompting Senator Ron Wyden to pledge a filibuster. This legislative battle foreshadowed future conflicts over internet censorship and the balance between copyright protection and free speech.
