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Google: don't give private “trolls” Web censorship power

The House and Senate are both drafting “rogue sites” legislation that will likely support website blocking at the domain name level and will require online ad networks and credit card companies to stop working with sites on the blacklist.

Ars Technica Nate Anderson

Context & Ripple Effects

Google's warning lands in the middle of a running fight over who gets to decide what the web serves up. A year earlier it had joined Facebook and Stephen Fry in attacking UK website-blocking plans (website blocking plans attacked by Google, Facebook and Stephen Fry) — the same objection now applied to US soil, where both chambers are drafting 'rogue sites' bills built on DNS-level blocking plus mandatory cutoffs by ad networks and card companies.

The framing is also pointed history repeating: back in 2007 Forbes covered Congress telling Google not to sell out to censors; in 2011 the company is casting itself as the one resisting the censor's pen. CNET's same-day take — 'lawmakers tell Google to do more on antipiracy' — captures the squeeze: Washington wants enforcement muscle, and Google is arguing the proposed mechanism hands it to private accusers.

First-order effects

  • Ad networks and credit card companies would become de facto enforcement agents, legally obliged to cut off any site placed on the blacklist without a court fight first.
  • Domain registrars and DNS operators face mandated blocking at the domain level, making them the choke point for taking whole sites off the resolvable web.

Second-order effects

  • Rights holders gain an extrajudicial takedown path that bypasses the DMCA notice-and-counternotice process, shifting disputes toward whoever controls the blacklist rather than whoever hosts the content.
  • Google's stance puts it on a collision course with the antipiracy agenda of both chambers — CNET reports lawmakers pressing the company to do more, so its opposition doubles as a defense of its own search and ad business against compulsion.

Third-order effects

  • If the pattern holds, copyright enforcement migrates upstream to infrastructure intermediaries — payments, advertising, DNS — turning compliance-by-intermediary into the default regulatory tool for content disputes.
  • It sets up a contestable-gatekeeping question that outlasts this bill cycle: whether private rights holders, not courts, should hold the power to unlist, defund, and unresolve a website.

The trend: Copyright enforcement is moving upstream from individual takedowns to infrastructure-level controls at DNS, payments, and ad networks, with intermediaries like Google positioned as either the enforcer or the firewall.