What Notice And Staydown Would Mean For Consumers, The Economy & Free Expression

In a world under a notice and staydown policy, as opposed to the current notice and takedown law under section 512 of the Digital Millennium Copyright Act (DMCA), online platforms would be forced to censor user generated content like photos, blogs or TikTok videos to avoid liability, which could force their business to shut down.

Below is a list of routine actions that take place everyday that would be threatened in a notice and staydown world of censorship and assumed guilt before innocence when sharing thoughts, images, art and other creative works online.

1. Posting content on your website hosted by a third-party service like Squarespace or WordPress

2. Sharing a copy of a video conference with a co-worker unable to make it

3. Retweeting

4. Earning money by doing what you love as a fashion influencer

5. Posting a webinar anywhere on the internet

6. Teaching a virtual ballet lesson with music while your dance studio is forced to close during the COVID-19 pandemic

7. Sharing memes or gifs as a way of being heard

8. Creating and distributing video content online as your profession

9. Finally securing the first round of funding for your startup idea to help young internet creators seek funding for their work

10. Collaborating with a like-minded group on a new graphic novel about a group of female superheroes

11. A DJ livestreaming a gig to allow for virtual attendance on Houseparty

12. Reading an excerpt from a textbook while teaching a 9th grade history class on Zoom

13. Sharing recipes or the latest trend for how to decorate your home office on Pinterest

14. Saving photos or videos to Dropbox or the Cloud

15. Posting video or photos of a protest to social media

16. Selling your homemade facemasks through your Etsy business

17. Making a TikTok video with Disney audio

18. Reviewing a new album video game, movie or book using content from it