Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legislation

Brooklyn Law School

2022

Copyright Hacking; Police; Copyright; Livestreaming; Social Media; Internet; YouTube; Congress; First Amendment; Free Speech; Video; Digital Millennium Copyright Act; Online Service Providers; Internet Service Providers; Eldred v. Ashcroft; Religious Technology Center v. Netcom; Copyright Act of 1976; Host Safe Harbor; Infringe; Infringement; Standard Technical Measures; Notice-and-Takedown; Good Faith Belief; Immunity; Lenz v. Universal Music Corporation; Artist; Fair Use; Algorithm; Enforcement; Content ID; Copyright Owner; Qualified Immunity; Pierson v. Ray; Harlow v. Fitzgerald; Clearly Established; Pearson v. Callahan; Frasier v. Evans; State Actors; Accountable; Accountability; Copyright Filtering System; Ex-ante; Ex-post

Articles 1 - 1 of 1

Full-Text Articles in Law

Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom Dec 2022

Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom

Journal of Law and Policy

This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …