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Attacking the money supply to fight against online illegal content ?
1. Attacking the money supply to fight
against online illegal content ?
Cédric Manara, EDHEC Business School
CEPS Task Force on Copyright in the Digital Single Market, Brussels,
Jan. 16, 2013
9. Meanwhile, in the
United States…
Prohibition of online betting games
• Self-voluntary first
• Then by law
• Nota: regulated sector / limited effects / WTO
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10. ‘Best practices to address copyright
infringement and the sale of counterfeit goods
on the internet’
Filiation?
Rarely used…
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11. Wikileaks [1]
“Since 7th December 2010
an arbitrary and unlawful
financial blockade has been
imposed by Bank of
America, VISA, MasterCard,
PayPal and Western Union.
The attack has destroyed
95% of our revenue” -
http://wikileaks.org/Banking-Blockade.html
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13. First lessons
Mechanisms do exist; they are limited
• to a sector
• geographically
US legal framework
• grants more power to the person who drafts
• encourages self-regulation
• creates legal uncertainty outside the borders
─ examples of sanctions against a website which
unlawfulness remains to be established
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19. Spam "VIAGRA® Official Site"
K. Levchenko et al. (2010), Click Trajectories: End-to-End Analysis of the Spam Value Chain
19
20. A collection of contracts
Debtor Creditor
• Debtor Bank
• Creditor Bank
Bank Bank
• Bank Electronic money issuer
• Bank Payment service provider
• Payment provider Technical operator
Contractual restrictions are possible
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21. 3. (Modest !) recommendations
Payment intermediaries Advertising intermediaries
Limited number of actors Wide range of actors
(at the center) (but Google a major one)
Easy identification, Uneasy inventory
prudential regulation
e-commerce directive e-commerce directive
Statu quo? Code of conduct
Collaboration? (article 16 + preambles 32 et 49)
Legislative intervention?
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22. Towards a code of conduct in
advertising?
YearAdvertiser Accounts Suspended for Terms of Service and Advertising
PoliciesSites Rejected for Site PolicyAds
Disapproved2011824K610K134M2010248K398K56.7M200968.5K305K42.5M2008
18.1K167K25.3M
[May 25, 2012]
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23. • Notice to the payment intermediary
(subsidiarity)
• The payment intermediary informs its client
• Evaluation of the notice by the intermediary?
• Escrow of funds deriving from illegal activities
• Account termination (if the intermediary finds it
appropriate or justified)
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24. Options
Statu quo
• Wouldn’t this short term fight contradict with
long term identification of bad guys?
─IPS Study
Collaboration
• From de facto practices towards self-
regulation?
Legislative evolution
• IPRED?
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26. Limits
Hybrid economy
Encourages more private policing
Geographical scope
• Rights exhaustion
─ Discussable Visa provision: « a transaction must be
legal in both the Cardholder's jurisdiction and the
Merchant’s jurisdiction »
Efficiency?
• Possible reaction of targets: multiple
accounts, straw men, etc.
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27. Interest of the Commission?
[source : J. Bergevin, September 17, 2012]
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