Rome, Italy – A decision by a quasi-judicial body in Italy to fine the American company Cloudflare $17 million has sparked widespread controversy. This controversy is present in both technical and political circles. The company argued that the decision is part of an attempt to impose sweeping internet censorship. Cloudflare maintains that the ruling was issued without sufficient legal basis or procedural safeguards.
In an official statement, Cloudflare said that the mechanism used in the ruling obliges it to block certain websites within 30 minutes of notification. This list includes websites that a group of European media organizations deem against their interests. Consequently, this is done without judicial oversight or due process, and without appeal mechanisms or even clear transparency. The requirements are not limited to removing specific clients but extend to censoring its 1.1.1.1 Domain Name System (DNS) service. This extension could effectively disable access to any .website
A dangerous precedent: a global ban
The company indicated that the most serious aspect of the decision was its demand for a global ban, not just within Italy. It considered this a dangerous precedent. This allows entities within one country to determine what is permissible or prohibited online in other countries.
Cloudflare confirmed that it will appeal the fine in court. It argued that the case is not merely about its commercial interests. Instead, it touches upon the core of democratic values and freedom of expression. At the same time, it revealed that it is considering several escalating measures. These measures include halting the provision of free cybersecurity services for the Milan-Cortina Winter Olympics. It is also considering suspending its free services to users within Italy, withdrawing its servers from Italian cities, and freezing any investments or plans to open an office in the country.
The company emphasized that it respects the right of countries to regulate content within their borders. However, it stressed that this must be done in accordance with the rule of law and due process guarantees. It categorically rejected any attempt to impose censorship that extends beyond national borders.
