A Look Back at Tech and Digital Rights Battles

This week, we revisit key moments in the ongoing struggles surrounding digital rights, copyright, and internet freedom, looking back at events from 2011, 2016, and 2021. These historical snapshots reveal recurring themes in the tech landscape – the tension between innovation and control, the evolving definition of copyright, and the constant need to defend open access to information.

Five Years Ago: 2021

In 2021, concerns surrounding the Digital Copyright Act, proposed by Senator Thom Tillis, sparked debate. Simultaneously, discussions continued regarding the Federal Communications Commission’s (FCC) definition of broadband, with calls for an update to address inadequate speeds Electronic Frontier Foundation. A peculiar DMCA complaint attempted to claim copyright over the word “outstanding,” seeking to remove dictionary entries from Google search results. However, a court allowed a lawsuit challenging abusive DMCA notices to proceed. Legislative attacks on Section 230 of the Communications Decency Act continued, with Tennessee lawmakers introducing a bill to limit its protections, while Utah passed unconstitutional internet bills. The Trump campaign’s lawsuit against The New York Times, deemed frivolous, was dismissed by a judge.

Ten Years Ago: 2016

In 2016, Donald Trump issued a cease and desist letter to a band for using his name in a song. Discussions centered on the importance of designing laws with the assumption that they could be wielded by those with malicious intent. The legal battle between Apple and the FBI over iPhone encryption dominated headlines, with the Department of Justice (DOJ) referencing non-existent tests in its case Wired. Concerns arose that Apple might be compelled to share iPhone unlocking code widely. Despite this, Senators Burr and Feinstein proposed legislation to create encryption backdoors, and President Obama expressed a flawed understanding of the issue.

Fifteen Years Ago: 2011

In 2011, intermediary liability and Section 230 were central to several legal developments. Music publishers settled with Limewire to avoid proving copyright ownership. A judge rejected the Recording Industry Association of America’s (RIAA) claim of “trillions” in damages against Limewire. The Supreme Court agreed to hear a case concerning copyright and the First Amendment. Trademark disputes also surfaced, with Lady Gaga threatening legal action over an ice cream line, Zynga seeking to trademark the suffix “Ville,” and Bath & Body Works defending the use of the word “twilight” in court.

These historical events underscore the enduring challenges of balancing innovation, intellectual property rights, and freedom of expression in the digital age. The battles fought in the past continue to shape the online landscape today, and vigilance remains crucial to protect the principles of an open and accessible internet.