Cloudflare Kicking ‘Daily Stormer’ is Bad News For Pirate Sites

Opinion

For several years CloudFlare has stood up to pressure from copyright holders, both in and out of court. The entertainment industry repeatedly urged the company to take action against the Pirate Bays of this world, and Cloudflare refused time and again, stressing that it doesn't "monitor, evaluate or judge" content on its clients' websites. That argument is now dead.

“I woke up this morning in a bad mood and decided to kick them off the Internet.”

Those are the words of Cloudflare CEO Matthew Prince, who decided to terminate the account of controversial Neo-Nazi site Daily Stormer.

Bam. Gone. At least for a while.

Although many people are happy to see the site go offline, the decision is not without consequence. It goes directly against what many saw as the core values of the company.

For years on end, Cloudflare has been asked to remove terrorist propaganda, pirate sites, and other possibly unacceptable content. Each time, Cloudflare replied that it doesn’t take action without a court order. No exceptions.

“Even if it were able to, Cloudfare does not monitor, evaluate, judge or store content appearing on a third party website,” the company wrote just a few weeks ago, in its whitepaper on intermediary liability.

“We’re the plumbers of the internet. We make the pipes work but it’s not right for us to inspect what is or isn’t going through the pipes,” Cloudflare CEO Matthew Prince himself said not too long ago.

“If companies like ours or ISPs start censoring there would be an uproar. It would lead us down a path of internet censors and controls akin to a country like China,” he added.

The same arguments were repeated in different contexts, over and over.

This strong position was also one of the reasons why Cloudflare was dragged into various copyright infringement court cases. In these cases, the company repeatedly stressed that removing a site from Cloudflare’s service would not make infringing content disappear.

Pirate sites would just require a simple DNS reconfiguration to continue their operation, after all.

“[T]here are no measures of any kind that CloudFlare could take to prevent this alleged infringement, because the termination of CloudFlare’s CDN services would have no impact on the existence and ability of these allegedly infringing websites to continue to operate,” it said.

That comment looks rather misplaced now that the CEO of the same company has decided to “kick” a website “off the Internet” after an emotional, but deliberate, decision.

Taking a page from Cloudflare’s (old) playbook we’re not going to make any judgments here. Just search Twitter or any social media site and you’ll see plenty of opinions, both for and against the company’s actions.

We do have a prediction though. During the months and years to come, Cloudflare is likely to be dragged into many more copyright lawsuits, and when they are, their counterparts are going to bring up Cloudflare’s voluntary decision to kick a website off the Internet. They gave their legal opponents free ammunition.

Unless Cloudflare suddenly decides to pull all pirate sites from its service tomorrow, of course.

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