The New IP Blocking Controversy in LaLiga: Telefónica vs. Cloudflare
The indiscriminate IP blocking measures taken by LaLiga have gained a new player in the drama as Telefónica recently submitted a document to the European Commission defending these actions. In a significant twist, the telecommunications giant has openly criticized the techniques and technologies employed by Cloudflare , a company that specializes in user privacy protections.
What Led to This Situation?
The European Commission initiated a consultation within the audiovisual and telecommunications sectors aimed at addressing piracy concerns, especially regarding live sports broadcasts . As reported by BandaAncha, Telefónica’s response—published on May 27 —articulated how recent trends have made it increasingly difficult for operators to combat piracy related to sports broadcasts.
Escalating Issues
According to Telefónica, illegal access to various broadcasts has surged since the European Commission published its initial set of recommendations aimed at combating online piracy in May 2023. Alarmingly, their data indicates that 43% to 46% of internet users report having unlawful access to audiovisual content.
The Inadequacy of the Digital Services Act
Telefónica believes the Digital Services Act (DSA) fails to adequately tackle piracy involving live sports broadcasts. They have cited Article 7 of the regulation, which introduces the Good Samaritan principle , allowing services to voluntarily take action against illegal content. Telefónica argues that this voluntary nature creates loopholes, severely hampering its efficacy in piracy prevention.
Intermediaries Are Exempt
Telefónica also criticizes Article 16 of the DSA for excluding intermediaries from responsibilities. They are advocating for stricter requirements for various stakeholders, including hosting servers , DNS providers , and VPN providers . Additionally, they are calling out platforms that offer reverse proxies and Content Delivery Networks (CDNs) , which facilitate illicit activities online.
Concerns Over ECH Technology
The Encrypted Client Hello (ECH) technology complicates matters for Telefónica. This extension of the TLS protocol makes it impossible for operators to identify specific domains being requested by users, thereby hindering their ability to block illicit domains. Telefónica is urging for legal instruments and tools that can keep pace with such evolving technical mechanisms, effectively challenging the protections that ECH offers.
Targeting P2P Networks
Telefónica even pinpoints P2P networks like Ace Stream as responsible for roughly 30% to 40% of illicit live sports streaming platforms. They express concern over these networks’ usage via social media and web platforms, as well as through APKs and extensions for media players like KODI .
Judicial Precedents
The operator has informed the European Commission about its alignment with several court rulings to address these streaming issues. A notable case is Ruling 310/2024 , issued on December 18 by the 6th Court of Barcelona , where the plaintiffs were LaLiga and Movistar+.
Accusations Against Cloudflare
In its document, Telefónica openly accuses Cloudflare of “violating court rulings by willfully refusing to provide effective protection measures in relation to services it manages.” They assert that the level of non-compliance and lack of cooperation is unprecedented. Despite being in discussions with intermediaries like Cloudflare, they often face resistance when it comes to complying with judicial decisions.
Insufficient EU Measures
Telefónica has not provided specific data regarding the impact of illegal broadcasting , yet they maintain that existing regulations are inadequate. Their proposal includes technical measures allowing for the “immediate removal of illegal live broadcasts within the first 30 minutes of notification.”
Undiscussed Damages to Third Parties
Interestingly, the document avoids discussing the adverse effects of these indiscriminate IP blocks on third parties. For instance, during certain LaLiga match days, nearly 2.7 million web domains have been rendered inaccessible, leading many businesses to lose customers and income. Additionally, the reputational damage is considerable; many services experience outages even when they are not at fault, potentially leaving users unaware of the background issues.
The Matter in Constitutional Court
Recently, both RootedCON and Cloudflare have independently filed separate appeals to the Constitutional Court . Their aim is to annul the ruling that LaLiga and Telefónica, among other operators, have leveraged to implement these indiscriminate IP blocks. No estimated date for these appeals’ resolution has been disclosed.
With the situation evolving rapidly, the intersection of technology, legal frameworks, and user privacy continues to spark intense debate and scrutiny within the telecommunications and audiovisual sectors. As the case unfolds, it presents a complex picture of the balance between protecting copyrighted content and respecting user privacy and internet freedom.