<\/p>\n
Escalating Issues<\/h2>\n
According to Telef\u00f3nica, illegal access to various broadcasts has surged since the \u00a0European Commission\u00a0 published its initial set of recommendations aimed at combating online piracy in May 2023. Alarmingly, their data indicates that \u00a043% to 46%\u00a0 of internet users report having unlawful access to audiovisual content.<\/p>\n
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The Inadequacy of the Digital Services Act<\/h2>\n
Telef\u00f3nica believes the \u00a0Digital Services Act (DSA)\u00a0 fails to adequately tackle piracy involving live sports broadcasts. They have cited \u00a0Article 7\u00a0 of the regulation, which introduces the \u00a0Good Samaritan principle\u00a0, allowing services to voluntarily take action against illegal content. Telef\u00f3nica argues that this voluntary nature creates loopholes, severely hampering its efficacy in piracy prevention.<\/p>\n
<\/p>\n
Intermediaries Are Exempt<\/h2>\n
Telef\u00f3nica also criticizes \u00a0Article 16\u00a0 of the DSA for excluding intermediaries from responsibilities. They are advocating for stricter requirements for various stakeholders, including \u00a0hosting servers\u00a0, \u00a0DNS providers\u00a0, and \u00a0VPN providers\u00a0. Additionally, they are calling out platforms that offer \u00a0reverse proxies\u00a0 and \u00a0Content Delivery Networks (CDNs)\u00a0, which facilitate illicit activities online.<\/p>\n
<\/p>\n
Concerns Over ECH Technology<\/h2>\n
The \u00a0Encrypted Client Hello (ECH)\u00a0 technology complicates matters for Telef\u00f3nica. 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. Telef\u00f3nica is urging for legal instruments and tools that can keep pace with such evolving technical mechanisms, effectively challenging the protections that ECH offers.<\/p>\n
<\/p>\n
Targeting P2P Networks<\/h2>\n
Telef\u00f3nica even pinpoints \u00a0P2P networks\u00a0 like \u00a0Ace Stream\u00a0 as responsible for roughly \u00a030% to 40%\u00a0 of illicit live sports streaming platforms. They express concern over these networks\u2019 usage via social media and web platforms, as well as through \u00a0APKs\u00a0 and extensions for media players like \u00a0KODI\u00a0.<\/p>\n
<\/p>\n
Judicial Precedents<\/h2>\n
The operator has informed the European Commission about its alignment with several court rulings to address these streaming issues. A notable case is \u00a0Ruling 310\/2024\u00a0, issued on December 18 by the \u00a06th Court of Barcelona\u00a0, where the plaintiffs were LaLiga and Movistar+.<\/p>\n
<\/p>\n
Accusations Against Cloudflare<\/h2>\n
In its document, Telef\u00f3nica 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.<\/p>\n
<\/p>\n
Insufficient EU Measures<\/h2>\n
Telef\u00f3nica has not provided specific data regarding the \u00a0impact of illegal broadcasting\u00a0, 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 \u00a030 minutes\u00a0 of notification.”<\/p>\n
<\/p>\n
Undiscussed Damages to Third Parties<\/h2>\n
Interestingly, the document avoids discussing the adverse effects of these indiscriminate \u00a0IP blocks\u00a0 on third parties. For instance, during certain LaLiga match days, nearly \u00a02.7 million web domains\u00a0 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.<\/p>\n
<\/p>\n
![\"Cloudflare](\"https:\/\/teknomers.com\/en\/wp-content\/uploads\/2025\/06\/1749627221_767_Telefonica-had-been-taking-a-discreet-backseat-in-the-LaLiga.jpeg\"\/)
\n <\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\nThe Matter in Constitutional Court<\/h2>\n
Recently, both \u00a0RootedCON\u00a0 and Cloudflare have independently filed separate appeals to the \u00a0Constitutional Court\u00a0. Their aim is to annul the ruling that LaLiga and Telef\u00f3nica, among other operators, have leveraged to implement these indiscriminate IP blocks. No estimated date for these appeals\u2019 resolution has been disclosed.<\/p>\n
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.<\/p>\n