Enforcement of copyrights and data protection : lessons learned from the failure of ACTA

The enforcement of copyrights and related rights in the internet is an arduous affair, especially, when it comes to copyright infringements arising from file-sharing in peer-to-peer networks. For years, there have been attempts to fight these infringements with current legal enforcement measures. They were mostly unsuccessful. This is why copyright holders are demanding the implementation of new and better means to enforce their rights. But the web-user’s interests in an easy and inexpensive consumption of works and in the protection of their privacy clash with that. To make sure their rights are protected, copyright holders require information regarding the usage of their works and the identification of potential copyright infringers. On the other hand, the protection of the users’ privacy requires anonymous usage possibilities which comply with data protection regulations. This tension was unloaded in the tanking of the ACTA, the Anti-Counterfeiting Trade-Agreement. After this, one can assume that new mechanisms to ensure the enforcement of copyrights will only be successful if they are backed by the public and by political decision makers. This is merely achievable if internet-users’ privacy is adequately protected. Thus, this article discusses three different approaches to enforce copyrights online - i.e. collecting adequate remunerations by collecting societies, the introduction of a content flat rate or private pay per use or pay per volume systems – and assesses if and to what extent these possible solutions affect the privacy of internet users.