DMCA Notices Can Silence Critics But Complaints By The Public Put All at Risk

What began this week as research into an abuse of the DMCA to silence this publication, led to an unsettling world where bogus copyright complaints are just the tip of the iceberg. Waves of takedown notices, many filed by members of the public and various businesses, shine an unflattering light on the human condition. Whether hiding the truth, gagging rivals and critics, or simply telling tales; takedown notices sent by the public put us all at risk.

lumen-s Even after years of trawling the invaluable Lumen Database, the scale of online copyright infringement today still manages to surprise week after week. And with more time spent searching, the greater the chances of the archive surfacing curiosities from years ago, or unusual items from the more recent past.

Take the bait and time has a tendency to get eaten away in journeys down various rabbit holes, and that’s a good thing. Without Lumen, censorship would undoubtedly thrive in a darker place; it already needs little encouragement.

Free* Speech (*Terms and conditions apply, YMMV)

After a spurious attempt to deindex one of our articles with a bogus copyright claim, research led us by chance down a parallel path, revealing an even greater threat to free speech and legitimate reporting.

The nature of a sizeable number of the takedown notices in question brings to mind the Lumen Database’s original name, Chilling Effects. The name was derived from the likely suppressant effect of abusive takedown notices and legal threats on free speech.

In the United States, where speaking the truth doesn’t usually amount to a crime, the scope of free speech far exceeds that available in Europe. In the Netherlands, for example, libel is a criminal offense and in the UK, the rich can launch libel action in the High Court. There, regular people can be drawn into a potentially ruinous legal quagmire, for as little as vigorously opposing one man’s assertion that his online handle is Satoshi.

Threats to Google: Censor the Govt, BBC, Guardian, Daily Mail

Working for the BBC, Guardian, or Daily Mail can provide a safety net against the potential consequences of legal threats, but immunity from receiving threats themselves doesn’t exist. In a notice addressed to Google, the company was ordered to “De-index the specified URLs” from search results within 14 days to “prevent further dissemination” of what is described as “defamatory and harmful content.”​

14 Days to Police The Internet
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Published in 2022, the BBC URLs above report the details of a damning investigation involving serious neglect and abuse of children. The ‘Hansard’ URLs link to the website of the Houses of Parliament which contains transcripts of government ministers discussing the scandal. The name of the sender is redacted, but Google was threatened with an injunction and damages for simply having those links in its indexes.

Business Disputes: He Said, She Said

Another notice demands a takedown based on the Defamation Act 2013, claiming that “the publication of a statement that would cause serious harm to the reputation of a person or entity” meets the criteria for defamation. The article in question was published by the UK’s Financial Conduct Authority, warning the public against doing business with a named fraudulent company.

Takedown notices involving businesses and a maze of disputes related to the pursuit or recovery of money, are sent to Google in large numbers. Many involve allegations or denials of fraud. Some deny fraud despite documented evidence to the contrary. Others resort to vague copyright claims or indeed, anything else that might help silence the opposition. Whatever the mechanism, the legal threats persist.

All notices referenced here are listed under the same sender ID in the Lumen Database. Some have a similar format or likely common sender, others appear to be written by unconnected individuals. Some are barely understandable, others fail to identify what should be taken down; a surprising number contain no information, period.

Who’s Telling the Truth? Friendly Sender or Something Else?

Considering how many takedown notices Google receives, it does a remarkable job of getting most things right. The reality is that it can’t check every complaint or validate every backstory.

The notice below appears to be someone being a good citizen, and we definitely need more of those. On the other hand, could it be a ruse to prompt Google into taking action against the Google Drive account listed in the takedown notice? We could test out the link, but taking unnecessary risks in this climate would be pretty stupid.

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The next two complaints request TikTok-related takedowns. How Google was supposed to know what was said, or who did what, let alone who’s telling the truth, is unclear. The first notice sender, who seems oblivious to the inherent difficulties, may not have given it much thought. The second knows fraud when they see it, and a bit about the legality of copyright too.


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Concerned Citizens

If the takedown notice below is in some way official, presumably other avenues exist to ensure adherence to the regulations rather than de-indexing a business. The sender may be someone concerned about harmony in the trade or, at least potentially, someone with nothing better to do. In any event, it’s more work for Google.

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While it’s easy to sympathize with the position some senders claim to find themselves in, deleting links to news articles isn’t going to help. An article published by a UK news website reported how a drunken family member terrified another with a knife, before battering them over the head with a radio. At the local school, the news was blamed for creating unwanted friction.

“This has gone to [sic] far and is causing grievances left right and center. I would like this delisted at the least from when you enter ‘[REDACTED] [REDACTED]’ into Google search bar,” the sender insisted.

A rambling notice reportedly sent by a person convicted of a serious crime, demanded the removal of an article reporting their sentencing. Active on social media now, having learned nothing, this matter can only be referred directly to the police.

Internet Dispute Court: Judge Google Presiding

From complaints about students using an AI service to write their assignments, to an insistence that content must be deindexed because the author “is from Estonia for God’s sake,” Google has much on its plate, including social media squabbles to preside over. Requests to remove links to Facebook pages, accounts on X, and listings on Temu, are seen as problems to be solved by silencing those who didn’t send a complaint.

One notice argued that a news story about a sportsman’s wife, who discovered that her husband was also married to someone else, should be removed because it amounts to defamation of the wife’s character.

Google also receives many takedown notices for photos uploaded to Google Maps. A cursory review of a few suggest that some images taken inside various restaurants may not have met the standard their owners’ expected.

Other notices seem to have good intentions, but appear to use drama to improve takedown odds. In one example, a potential map error becomes a hazard to public safety fueled by potential fraud and deception.

Google Maps
Unjustified Takedowns Remain Unacceptable (usually)

Copyright-related takedowns have their moments but from the few hundred reviewed for the above, takedowns for other reasons represent a far greater risk to the public record and associated freedom of speech.

Under the DSA, large platforms including Google are required to inform the European Commission when and why content was taken down. The scheme was available late 2023, the number of takedowns reported today is significant.

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To end on a lighter note, takedowns that put the well-being of others before selfish interests, are a pleasure to read and immediately restore all faith in human nature.