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(1) Reversing the decision of the Anvers Court of Appeal of February, 14 2013, ordering the blockage of all the websites redirecting to "thepiratebay.org," and sending the case back to the Brussels Court of Appeal. (2) The Belgian Supreme Court confirmed that the public prosecutor did not violate the law by ordering the ISPs to block all websites redirecting to thepiratebay.org. The Court confirmed that far-reaching blocking orders against all national Internet service providers are lawful. According to the Supreme Court, a magistrate is entitled to order, (i) in a single injunction, (ii) all national Internet service providers to (iii) block access to IP rights-infringing content (iv) which is hosted by a server, linked to a specific main domain name, (v) by employing all possible technical means at their disposal or...

This April 1999 Protocol of cooperation between ISPA (the Belgian ISP Association), the police and judicial authorities was agreed upon to improve the cooperation between Belgian ISPs and judicial authorities. The Protocol put in place a Central Judicial Contact Point, which is now eCops, available at www.ecops.be). eCops is an online complaint department to which Internet users, as well as the ISPs, can report crimes (including copyright infringments) committed through the Internet.

This is the Code of conduct set up by ISPA, the Belgian Association of Internet service providers. This Code of conduct is a example of self-regulation. It is mandatory for all the members of ISPA. It binds the members to a set of obligations, including the obligation for all the Belgian ISPs to collaborate adequately with the judicial authorities in their fight against online crimes, including copyright infringments, also through the Central Judicial Contact Point or eCops (see below).

(1) The Court had to answer the question whether an internet service provider could be required to install a filtering system with a view to preventing the illegal downloading of files. (2) The Court confirmed the possibility of introducing an injunction based on copyright infringement against an access provider even if said provider can benefit from the liability exemption regime provided for in the eCommerce Directive. The injunction does not presuppose any prior finding of fault, and therefore liability, on the part of the intermediary. (3) However, if the theoretical possibility of a blocking order against ISPs was confirmed, it remained to be seen if the provider has, in fact, the material possibility to comply with such an order. The Court ordered an expert testimony on this subject and the reopening of the...