Big tech accountability? Read how we got here in  The Closing of the Net 

Internet Trials

The policy debate doesn't always happen within the official policy fora such as  European Commission consultations, or Parliamentary committees. Especially when it comes to the Internet and online content. Certain interest groups  take it into other venues. The courts are being called on the interpret the law, and the caselaw is used by courts all around Europe in the context of their judgments.   This section looks at instances of legal action against Internet providers by private interest groups, or actions by Member States who are implementing laws and initiatives. Iptegrity's concern, as ever, is the protection of the open Internet and free speech. In the courts, this will be addressed in the context of the right to freedom of expression or privacy.


If you are interested in copyright caselaw  you may like my book The Closing of the Net which discusses the UK copyright blocking judgments and the Megaupload case in New Zealand.

 

If you are interested in copyright policy, you may like my previous books A Copyright Masquerade: How Corporate Lobbying Threatens Online Freedoms and The Copyright Enforcement Enigma - Internet Politics and the ‘Telecoms Package’

In a landmark ruling, Germany's highest court orders major changes to  the German data retention law, which will provide tighter protection for users' privacy. German ISPs have to delete all communications data stored to date.

 

Germany's highest court has ordered the  law on data retention to be tighted up. This is the law which orders ISPs to store their users' communications traffic data, specifically records of email communications. This ruling by the German court  is  in a radical move which poses a challenge to EU law. The judgement follows a class action from 35,000 German citizens. The action was led by the German pressure group AK Vorrat, who have consistently opposed the data retention law. 

 

The ruling states that 

Read more: German court orders overhaul of data retention law

The law suit of L'Oreal v eBay could result in an onslaught of rights-holder litigation against ISPs, according to a UK copyright lawyer. It all depends on what the European Court of Justice decides.

 

Is the L'Oreal v eBay law suit holding holding a perfumed gun at the ISPs heads? The case of L'Oreal v eBay was heard in the UK High Court in May this year, and the judge made a referral to the European Court of Justice on some key questions related to the case.  In particular, the UK court asked the ECJ for an opinion  on the matter of eBay's liability in respect of alleged trademark infringements.

According to a report on the Out-law.com website, a UK copyright lawyer believes that if  the ECJ were to

Read more: L'Oreal v eBay: a perfumed gun

Under the 3-strikes agreement between eircom and the Irish music industry, Eircom will sanction its own customers, and technical support staff will deal with users' complaints. The next move by the Irish music industry will be court action to get the Pirate Bay blocked - without opposition from the ISPs.  If this isn't legal bullying by any other name, then what is? And what are the ‘necessary controls' over the rights-holders IT surveillance companies?

 

Details of the  agreement between the Irish music industry and the telecommunications network provider eircom, have emerged in a leaked document. It is a private agreement for graduated response/ 3-strikes measures against

Read more: eircom: Internet policing by tech support

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Iptegrity in brief

 

Iptegrity.com is the website of Dr Monica Horten. I’ve been analysing analysing digital policy since 2008. Way back then, I identified how issues around rights can influence Internet policy, and that has been a thread throughout all of my research. I hold a PhD in EU Communications Policy from the University of Westminster (2010), and a Post-graduate diploma in marketing.   I’ve served as an independent expert on the Council of Europe  Committee on Internet Freedoms, and was involved in a capacity building project in Moldova, Georgia, and Ukraine. I am currently (from June 2022)  Policy Manager - Freedom of Expression, with the Open Rights Group. For more, see About Iptegrity

Iptegrity.com is made available free of charge for  non-commercial use, Please link-back & attribute Monica Horten. Thank you for respecting this.

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States v the 'Net? 

Read The Closing of the Net, by me, Monica Horten.

"original and valuable"  Times higher Education

" essential read for anyone interested in understanding the forces at play behind the web." ITSecurity.co.uk

Find out more about the book here  The Closing of the Net

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Copyright Enforcement Enigma launch, March 2012

In 2012, I presented my PhD research in the European Parliament.

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review


 

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