Blockchains are increasingly being used for content distribution, sometimes as an unwanted side effect of blockchain applications that have other primary purposes, sometimes as intended content distribution. The typical characteristics of a blockchain such as its claimed immutability raise new questions as to what preventive measures can reasonably be demanded from blockchain intermediaries, and managers of nodes in particular. The article asks whether the exemptions introduced in the Directive on e-Commerce can be applied, what mitigating or preventive measures other than Notice-and-Takedown can be applied and how governmental regulators should react.
Maurice Schellekens, Does regulation of illegal content need reconsideration in light of blockchains?, International Journal of Law and Information Technology, volume 27, issue 3, Autumn 2019, pages 292–305, https://doi.org/10.1093/ijlit/eaz009. Published: 19 October 2019.