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ISPs Will Face Prison for Failing to Block Pirated Content

ISPs Will Face Prison for Failing to Block Pirated Content

Italy’s Senate Budget and Finance Committees have approved amendments that impose stricter rules on VPN and DNS services to block access to pirated content.

These changes are part of a broader effort to crack down on IPTV services and unauthorized streaming. The vote on this legislation is scheduled for today, and if passed, it could become law within a week.

This move is part of a series of measures aimed at combating piracy, which began in 2023 with the introduction of the Piracy Shield system. Recently we saw Italian lawmakers urge TV manufactures to ban VPNs.

The goal is to eliminate illegal streaming by blocking domain names and IP addresses. The law also threatens internet service providers (ISPs) with fines or even imprisonment for not reporting criminal activity.

Amendments Expand Scope Beyond ISPs

The amendments go further than the previous laws, targeting not only ISPs but also VPNs and DNS providers. These services, often used to bypass geographic restrictions and access pirated content, will now be required to block access to sites flagged by copyright holders.

The key points of the proposal include:

  • VPN and DNS services must block pirated content, a task previously assigned only to ISPs.
  • IP addresses and domain names can be blocked even if they host legal content alongside pirated material.
  • Service providers who fail to report criminal activity could face up to a year in prison.

While these measures are designed to protect industries such as Serie A football, critics argue that they could overreach, potentially blocking legitimate sites and services.

Amendment 6.0.36
Amendment 6.0.36 (Official Source)

Amended Provisions Address Some Concerns

Following criticism from various stakeholders, the approved amendments feature several changes aimed at addressing concerns over the sweeping nature of the original proposals:

 
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  1. Blocking Non-Infringing Sites: The amendments allow incidental blocking of legal sites if their resources are “predominantly” used for infringement. However, affected sites can request to have the block revoked.
  2. Limitless Blocking: The controversial proposal to allow unlimited domain and IP address blocking remains intact, which has raised concerns about IPv4 address depletion.
  3. Reporting Requirements: The original requirement for VPN, DNS, and other service providers to report suspected criminal activity has been slightly softened. Now, providers are only required to report when they are aware of actual criminal conduct, not just suspicion. However, failure to comply still carries a prison sentence of up to one year.
  4. Unblocking Provisions: New rules allow domains and IP addresses to be unblocked after six months if illegal activity has ceased, a significant change from previous laws where blocked addresses had no clear path to reinstatement.

What’s Next for Italy’s Anti-Piracy Legislation?

The amendments are set to go to the Chamber of Deputies for a second reading. If approved, the law could come into effect before October 8, 2024. However, the new measures are not without controversy.

The president of the Italian Internet Provider Association (AIIP), Giovanni Zorzoni, has voiced strong opposition to the amendments, calling them “unconstitutional” and warning of potential legal challenges both in Italy and the European Union.

Italian Internet Provider Association (AIIP)

Industry Pushback

The amendments have drawn sharp criticism from ISPs and privacy advocates. Zorzoni argues that the new rules impose unfair surveillance obligations on ISPs, forcing them to police the internet.

This, he claims, undermines the principle of “innocent until proven guilty” and violates EU regulations that prevent ISPs from being obligated to monitor user activity.

Despite the backlash, the Italian government seems determined to push through these reforms, largely to protect lucrative industries like Serie A football.

Proponents of the law, including Senator Claudio Lotito, who is also president of Lazio football club, argue that these measures are necessary to fight piracy effectively.

Final Thoughts

Italy’s push to tighten its anti-piracy laws is part of a broader global trend toward more aggressive enforcement of copyright protection.

By expanding the responsibilities of VPNs, DNS providers, and ISPs, Italy is signaling that no corner of the internet is beyond its reach.

However, the controversy surrounding these amendments, particularly the risks of over-blocking and increased surveillance, suggests that legal challenges are likely on the horizon.

 

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For more information on this story, refer to the report from TorrentFreak.

We want to know your thoughts on this story. What do you think about Italian authorities threatening to imprison ISPs if they don’t block pirated content? Is this government overreach? Let us know in the comment section below!

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