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’

The Irish Data Protection commissioner has  put a shot across the bows of the music industry, in a move that may end up in  the European court of justice. The case  follows  a complaint from an  Internet subscriber on the Eircom network. The complaint  has resulted  in a legal wrangle with the big four music (yes, EMI is still counted)  labels. The case has many twists and turns, but in this latest development, the Data Protection Commissioner   filed an appeal last week  in the Dublin Supreme  Court. The appeal

Read more: Irish 3-strikes could land in European Court

A British court ruled that The Pirate Bay does infringe the copyright of UK rights-holders, in the first of a two-part case to get British ISPs to block the torrent tracker. The case was heard with only the rights-holders in the court. The ISPs had declined to attend.  The operators of The Pirate Bay , of course, were not there either.

Read more: Inaudita altera parte - Pirate Bay block pre-empts ACTA

I find the case of USG v Richard O’Dwyer quite disturbing. It  has hit the British media over the matter of extradition, and a weak agreement between Britain and the US. But having gone carefully through the judgement, I feel this is only part of the story. It looks to me like a cynical manoevre by the US copyright industries, notably the Motion Picture Association, which represents the powerful Hollywood studios. Mr O’Dwyer is a pathetic pawn in a much bigger game  to get a legal precedent in the  EU.  My feeling is that this case could be  leading up to   ACTA (Anti-counterfeiting Trade Agreement) implementation.

Read more: United States government v Richard O’Dwyer: a political manoeuvre by Hollywood?

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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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