Internet Archive and Electronic Frontier Foundation disagree with draft 'SMART Copyright Law' that forces providers to monitor piracy

On March 18, 2022, US Senator Tom Tyris and Senator Patrick Leahy announced the Strengthening Measures to Advance Rights Technologies Copyright Act of 2022, commonly known as 'SMART.' I submitted a draft 'Copyright Law' to Congress. The Internet Archive and the Electronic Frontier Foundation have expressed opposition to this SMART copyright bill.

Internet Archive Joins Opposition to the 'SMART Copyright Act' --Internet Archive Blogs
http://blog.archive.org/2022/03/29/internet-archive-joins-opposition-to-the-smart-copyright-act/

The New Filter Mandate Bill Is An Unmitigated Disaster | Electronic Frontier Foundation
https://www.eff.org/ja/deeplinks/2022/03/new-filter-mandate-bill-unmitigated-disaster

The SMART copyright bill 'forces all digital platforms or websites that allow users to upload content to use the'technical measures' specified by the Copyright Office.' This technical measure is a content monitoring tool, and online service providers may be fined hundreds of millions of yen if they neglect to use the content monitoring tool.

The Internet Archive says, 'SMART copyright law encourages some lobbyists and lawyers to adopt their products to the Copyright Office, and no matter what the tool is, it's a big tech company. Must be implemented by anyone subject to this law, from to local libraries, 'pointing out the dangers of technical action.

'SMART copyright law creates a battle for a power of attorney over mandatory filtering of copyrighted works,' said Eric Goldman, a professor of law at Santa Clara University in California, USA. Filters are prone to making mistakes that hurt consumers, raising barriers to entry and reducing competition. '

In addition, the Internet Archive said, 'To go further, SMART copyright law gives the copyright office a truly extraordinary power. The copyright office has thousands of businesses at the expense of the company. You can force the introduction of technology that companies may not want or need. Forced technical measures may reshape the way the Internet works, 'he said to SMART copyright law. He showed an opposition.

The Electronic Frontier Foundation has told SMART Copyright Law that 'mandatory technical measures inevitably suppresses legitimate expression.' In the first place, on YouTube, which actively adopts a content monitoring system called ' Content ID ', it is often judged that content that has no problem is copyright infringement due to a system malfunction, and the Digital Millennium Copyright Act (DMCA) is abused. A state in which 'copyright trolls' that illegally infringe copyright are rampant. For example, there are cases where multiple people claiming copyright infringement appeared in a video that simply ran white noise for 10 hours.

Why is there a series of allegations of copyright infringement in movies that only make noise? --GIGAZINE

The Electronic Frontier Foundation needs to interpret context to distinguish between legal and illegal content use, and while humans can judge this context, it is not possible for automated systems. Insist.

In addition, mandatory technical measures pose security and privacy concerns, the Electronic Frontier Foundation said. 'Some copyright holders must give way to the important public interest of a solid, reliable and open Internet, rather than trying to impose responsibility on service providers to prevent Internet infringement.' Said.