The Dutch (concept) bill to fight computer crime is controversial due to the proposed new hacking capabilities for law enforcement authorities. However, the proposed “Notice and Take Down” (NTD)-order is another aspect of the bill that deserves our attention.
The proposed Notice and Take Down-order is meant for criminal cases in which a person or company can take down an illegal website, but fails to do so voluntarily. However, the measure contradicts the right to obtain information as part of the right to free speech. The measure may even result in a filter obligation of specific websites for ISPs. Our Parliamentary Members should think and debate thoroughly about the blocking and filtering measures before making them permissable as an instrument for law enforcement authorities.
- Filtering the Internet for law enforcement purposes?, Leiden Law Blog