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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'

Julian Assange gets the cream of UK lawyers for his legal defence. But it is a strange twist of fate that on the same day as he is slung into the company of Britain's hardened criminals, he wins the support of the banking heiress, Jemima Khan.

 

The top human rights lawyer, Geoffrey Robertson, known for his work on freedom of speech matters, is to defend Wikileaks' founder Julian Assange when he next comes to court. Robertson will complement Assange's legal team which already consists of the crème de la crème of British lawyers. His solicitor, Mark Stephens, is well known for his work in difficult and controversial human rights cases.

 

Assange's appearance in a London court yesterday sparked an astonishing media s scrum usually reserved for royalty and pop stars, and certainly not ever previously known for any Internet entrepreneur. But what was especially striking is that a number of

Read more: Wikileaks: Banking heiress joins top lawyers in Assange defence

An Irish judge today handed down a judgement which ruled out 3-strikes measures and the blocking of websites for copyright enforcement purposes - at least under current Irish law. The rules contradicts the previous eircom ruling which permitted 3-strikes.

However, it was not all good news - the judge sympathised with the music industry who brought the case.

The case concerned the Irish Internet service provider (ISP) known as UPC, who was being sued in the High court by the Irish recorded music industry - EMI, Sony, Universal and Warner. The music industry were asking for an injunction against UPC which would force it to 'stop this infringing activity' on its network. |

They asked for the network provider to be made liable for the copyright infringement taking place on its network. The methods requested

Read more: EMI v UPC: Irish judge rules out 3-strikes and web blocking

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

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About Iptegrity

Iptegrity.com is the website of Dr Monica Horten. I am an  independent policy advisor, with expertise in online safety, technology and human rights. I am a published author, and post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. I cover the UK and EU. I'm a former tech journalist, and an experienced panelist and Chair. My media credits include the BBC, iNews, Times, Guardian and Politico.

Iptegrity.com is made available free of charge for non-commercial use. Please link back and attribute Dr Monica Horten.  Contact me to use any of my content for commercial purposes.  

The politics of copyright

A Copyright Masquerade - How corporate lobbying threatens online freedoms

'timely and provocative' Entertainment Law Review