The Past, Present, and Future of Notice and Takedown

The Past, Present, and Future of Notice and Takedown

This year’s legal fellow panel, organized by summer legal fellows at the Wikimedia Foundation, explores the reappearance of notice-and-takedown requirements in US laws regulating online platforms. Notice-and-takedown was most (in)famously implemented as part of the Digital Millennium Copyright Act of 1998's Safe Harbor provision, and has greatly shaped the relationship between online creators and host platforms ever since, often with great controversy. Now, after 25 years, new and upcoming legislation, like the TAKE IT DOWN Act and the NO FAKES Act, is poised to create similar obligations for the first time. What explains this resurgence, and what lessons from the DMCA might platforms keep in mind as they adapt to these new regimes? Please join us for the discussion!