Constitutional Court Urged to End Piracy Blockades Now Hurting Millions

Cumbersome IP address blocking to fight piracy of LaLiga matches has also punished the innocent; an estimated 2.7 million innocent sites blocked during a single weekend according to recent data. Sounding the alarm over a potential threat to democracy, cybersecurity collective RootedCON has appealed to Spain's Constitutional Court to bring blocking to an end. Meanwhile, letters sent by LaLiga to journalists are being perceived as threats.

laligatelefonblock Rampant piracy of live sporting events has been a hot topic in Europe for several years. Anti-piracy measures against relatively static targets have their place but preventing access to pirated live streams is much more difficult.

After calling for assistance from the European Commission, many rightsholders are hoping for new legislation to hold intermediaries more accountable. Until then, most sport-linked rightsholders continue to rely on site blocking measures.

After years of fine-tuning, courts all over Europe understand the process well and most appreciate the difficulties faced by rightsholders. Cases are commonly assessed to ensure that injunctive relief is warranted, measures requested are proportionate, and any negative effects on non-infringing third parties will be as low as practically possible.

LaLiga / Telefonica Order: Massive Overblocking

Sysadmin @jaumepons has been crunching data concerning a blocking order previously obtained by LaLiga and Telefonica to block 119 streaming sites. It was granted on the basis there would be no negative effects on internet users, but in February it became clear that hundreds, potentially thousands of innocent sites and users, were being blocked at the same time.

Appeals by Cloudflare and cybersecurity group RootedCON were dismissed by the issuing court; @jaumepons’ latest estimates published on Friday suggests those decisions came at a price.

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LaLiga insists that its blocking is not indiscriminate and any overblocking is minimal. Unfortunately, even if the 2.7 million estimate was slashed to just 270, blocking two legal domains for every pirate domain isn’t proportionate and the harm inflicted is likely to be significant.

RootedCON Appeals to Constitutional Court

RootedCON previously stated it wouldn’t just stand by if nothing was done to protect internet users. With a complaint filed at Spain’s Constitutional Court, it is now making good on its word.

“At RootedCON, after 15 years promoting freedom, innovation, and critical thinking in the field of cybersecurity, we cannot stand idly by in the face of this outrage,” their statement reads.

“The measures adopted, lacking transparency, proportionality, and adequate safeguards, represent an extremely dangerous precedent for citizens’ digital rights and the Spanish technological ecosystem. We urge La Liga, the operators involved, and the judiciary to reflect on the serious impact of these types of decisions, which are more similar to the practices of authoritarian regimes of the last century than those of a modern, forward-looking democracy.”

rootedcon-l Despite the serious nature of the ongoing controversy, until now it has generally lacked a political dimension.

The Spanish government’s only comment thus far (“We respect judicial decisions”) meets the standard every democratically elected government should strive for. The fly in the ointment is that the injunction was granted on the basis it would do no harm to third parties. As RootedCON suggests, momentum is building regardless.

“[I]n our appeal to the Constitutional Court, we request precautionary measures to curb the constant harassment suffered by both companies and users in our country, and we demand a public and technical debate in the Congress of Deputies on the limits of online control, following the initiative recently proposed by Representative Néstor Rego,” the statement concludes.

Politics Enters the Equation

Néstor Rego is a politician and a member of the Congress of Deputies of Spain. He’s the leader of the Galician Nationalist Bloc and in a statement posted to the party’s website, he calls on the government to “put a stop to the abusive and uncontrolled practices.”

“The State Government must take action on the matter given the repeated blocking of thousands of web pages because, if it does not do so, it implies an abandonment of its functions, leaving them in private hands that act for their own benefit and without control,” Rego says.

“[I]t is incomprehensible that private companies can block websites. The judicial authorization is absurd at this point, but it is not even respected, because that authorization establishes that no harm can be caused to third parties, and yes it is happening. The indiscriminate blocking by LaLiga and Movistar implies a violation of the rights of users and that is why the Government must act.”

LaLiga Responds to Complaints

During the last couple of weeks, momentum has noticeably increased among those who oppose blocking for the collateral damage it causes. Among them is José Luis Porquicho Prada, a journalist working at local news outlet Cádiz Directo.

On May 18, Prada published an article titled LaLiga blocks Cádiz Directo without evidence in its uncontrolled anti-piracy crusade, which revealed that LaLiga had started blocking cadizdirecto.com for no apparent reason. Prada reported that LaLiga was initially unresponsive so he was unable to explain that a mistake had been made.

“[C]ompletely innocent media outlets are being held accountable, without due process, without the right to defense, and without a shred of evidence. Fundamental rights enshrined in Article 24 of the Spanish Constitution, which guarantees effective judicial protection and the right to defense, are being violated,” Prada wrote as part of a polite but withering diatribe on recent events.

Response Perceived as Threatening – Then Bewildering

Late last week Prada revealed that he’d received a response via burofax, a type of secure postal service. He claims that the correspondence was presented in a “markedly threatening tone and lacking any willingness to resolve the conflict.”

Prada says it was signed by none other than LaLiga president Javier Tebas, who advised that cadizdirecto.com had been blocked because it is “hosted on an IP addresses from which intellectual property rights are repeatedly violated.”

Prada clarified that the site uses a CDN and then revealed what LaLiga expected from him. Translated from Spanish (original here), Prada explained as follows:

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It transpires that Prada wasn’t the only journalist to receive similar correspondence. Political analysis outlet El Orden Mundial was also provided with legal advice.

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Posting on X, El Orden Mundial director Fernando Arancón spoke of “the barbarity that is being carried out by @laliga with the support of the judiciary,” before suddenly adopting a “something’s coming” tone.

“[LaLiga] have lost their way and are going to eat a Streisand textbook,” Arancón predicted.