News: A Brazlian court has reportedly ordered YouTube to shut down its service until all it removes all video clips of model Daniela Cicarelli having sex with her boyfriend on the beach, apparently in broad daylight. Of course, YouTube has removed these clips, but other users apparently have reposted them onto YouTube, forcing YouTube to try to remove them again. It’s not clear from the report whether there still is a problem, or the extent of it. (More from The Register)
Analysis: Without seeing the Brazilian court order, it’s hard to say whether it is as bad (overbroad) as it sounds. One commentator suggests here that YouTube must pay a fine and must remove all of the sex videos or make its site unavailable in Brazil (which allegedly is the second largest user of YouTube). Unless YouTube visually inspects every single video clip (of the 65,000 that are uploaded each day), it’s practically impossible to prevent one clip of a sex video from slipping through YouTube’s monitoring or uploading procedure. Thankfully, because YouTube is located in the U.S. (where the First Amendment applies), enforcement of the Brazilian court order (assuming it is as broad as it sounds) would not fly in the U.S. No U.S. court would order a complete shutdown of the site for one sex video, given the First Amendment violation that such an overbroad order would cause. Of course, YouTube wants to be in good standing in Brazil, so I’m sure will appeal the court order there.
Off topic, but you should check out this interview for Toobla: