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 major landmark ruling today, the European Court of Justice (ECJ) said that  that ISPs may not be asked to filter Internet content for copyright enforcement  purposes. The effect of the ruling will extend into every Member State,  where courts are being asked to impose injunctions on ISPs and governments pressured to bring in filtering measures.

Read more: Sabam v Scarlet: Court rules that ISPs can’t be asked to filter

Will yesterday’s ECJ ruling concerning an article about Kylie Minogue on a British website make it easier to sue  online publications?

 A ruling in the European Court of Justice (ECJ) yesterday  would appear to shift the axis for law suits against websites and online publications to protect the image of celebrities and others who want to control the way they are seen in public. The ruling, in respect of a case brought by the French actor Olivier Martinez against the Sunday Mirror,  says that people may sue for what are called 'personality rights'  in the country where they live.  'Personality rights' is about controlling your own publicity or image.  Previously, you could only sue   in the country where the publisher  is based, or in countries where the information is distributed.

Read more: Chilling effect risk of Kylie judgment

It was widely believed that the US government pressured Sweden over  the Pirate Bay indictment, now there is a sliver of evidence…

 A recently-emerged US diplomatic cable from 2009 suggests that American government officials assisted the rights-holders  in compling the case against The Pirate Bay, and may have also assisted  the Swedish authorities.  The text – seen by and copied here – reads:

Read more: US Officials behind the scenes on Pirate Bay indictement

Iptegrity in brief 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 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."

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


FROM £15.99

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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