Not exact matches
One area to watch closely however is the
safe harbour provision where, under the rubric of «NAFTA modernization», Silicon Valley libertarians and anti-copyright activists are trying to use the trade negotiations to ensure that large and powerful
internet intermediaries are absolved of any responsibility for content appearing on their sites.
In the meantime, companies that were transferring data to the US under the
Safe Harbour (including all
Internet Giants) have to find creative solutions to meet the CJEU criteria as the use of the alternative instruments foreseen by the Data Protection Directive (contracts, binding corporate rules) is exposed to similar criticism from national courts, or at least to greater scrutiny from DPAs with regard to the mechanisms of protection installed to prevent (disproportionate) access to the data by US law enforcement authorities.
There are often
safe harbours for copyright infringement, defamation etc by «subsidiary distributors» such as
internet service providers but it is usually based on a «hands - off» «couldn't have known» basis.
These include new exceptions to permit copying for private uses such as format and time shifting, online uses for social media, uses by libraries, archives and for education, and
safe harbours for
Internet intermediaries.