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Well corruption in how disputes are handled might not be a huge issue. As a first step the companies are required to allow you to appeal takedowns and account
by jsmith45 6y ago
Well corruption in how disputes are handled might not be a huge issue.
As a first step the companies are required to allow you to appeal takedowns and account suspensions/terminations (for TOS or illegal content reasons, not for non-payment reasons) for a 6 month period.
Further, if you appeal a takedown or account suspension and the company rejects your appeal, the law will allow you to take the matter to binding arbitration. If the user wins, the company pays all costs, and must reinstate the content or account. If the user loses, they only pay their portion of arbitration costs. (The company's portion are just part of doing business in the EU).
Oh and the user (not the company) get to decide which arbitrator to use, from among those that have been certified by any Member state, with the relevant expertise for the type of social network and content or TOS violation in question.
Obviously all of this is subject to change if the proposed law is changed before being enacted.
- mojzu 6y agoThose seem like some decent mitigations, but I still have a hard time believing that wealthy corporations and people won't be able to abuse such a system for their own gain as they have done with the DMCA. And how those well meaning restrictions could easily throttle a competitive startup, because Facebook et al have the scale, technical and legal experience to handle these things whereas they may not