We propose to study the relationship between the prohibition on intermediaries of general monitoring obligations and the permanent removal of illegal content on the Internet (known as “stay-down” orders). This relationship will be studied in light of the proportionality principle that permeates the European legal system, as well as the technical characteristics of monitoring tools. We intend to develop a model where the multiple interests involved, especially when they emanate from fundamental and human rights, will be properly balanced. We anticipate that our results will offer a set of normative concepts and standards that will be essential for courts to issue stay-down orders that are proportionate and fair, but also dissuasive. Our findings will also be extremely beneficial for legislators and policymakers when the time for new legislation comes.
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