Cloudflare, a key player in internet infrastructure, faces a 14 million euro fine from Italy’s Agicom for non-compliance with a legal order to block domains linked to illegal live streaming. This case is not about piracy per se but highlights the evolving responsibilities of infrastructure providers. Traditionally seen as neutral entities, providers like Cloudflare are now being held accountable under the European Digital Services Act, which mandates greater responsibility for large platforms and service providers.
For years, the battle against piracy involved targeting users, websites, and ISPs. Cloudflare, with its public DNS and reverse proxy services, has been a tool for bypassing such measures. While not a pirate site, its services can inadvertently aid in circumventing legal restrictions. The Italian anti-pezzotto law requires blocking illegal streams within 30 minutes, implicating any service provider involved in content accessibility.
Agicom's decision challenges the long-held belief in Silicon Valley's technical neutrality, effectively ending the notion that infrastructure providers are mere conduits. The ruling asserts that willful inaction in response to a legal order constitutes an action, demanding accountability from companies like Cloudflare. This marks a shift from a crisis management approach focused on content to regulating the infrastructure itself.
Cloudflare plans to appeal, but the regulatory precedent is set. The case underscores the need for infrastructure providers to balance corporate responsibility with state demands. The notion of a neutral internet is evolving, with infrastructure regulation becoming central to the digital ecosystem.
Cloudflare's threat to withdraw services from Italy is seen as a bluff, as this would degrade service quality for its major clients like Netflix and Disney. The company’s stance reflects a failed legal strategy, attempting to apply Silicon Valley's disruptive approach to the European legal system. The message is clear: to operate in Europe, companies must respect its legal frameworks. This case is pivotal in ending the era of infrastructure exceptionalism and signifies a regulated approach to internet utilities.
In questa Puntata
Cloudflare has been fined 14 million euros by Italy's Agicom for failing to comply with a legal order to block specific domains and IPs associated with illegal live streaming. This case marks a significant shift in internet regulation, challenging the notion of infrastructure providers as neutral entities. Under the European Digital Services Act, companies like Cloudflare are now expected to be more accountable, transforming the regulatory landscape from content moderation to infrastructure regulation.