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

Journal of Intellectual Property, Information Technology and E-Commerce Law (JIPITEC)

The Digital Economy Act in the dock - a proportionate ruling?

by Monica Horten

Abstract: The UK’s Digital Economy Act 2010 contains  measures to enforce copyright on the Internet, specifically
a two-tiered form of a graduated response. The Act was challenged in the High Court by two of
the UK’s biggest Internet Service Providers (ISP), who obtained a Judicial Review of the copyright enforcement
provisions. This paper is an overview of the case, based on the hearing of March 2011 and the
ensuing judgement. It focuses on the two most hotly  contested grounds for the challenge, namely an alleged
failure to notify the European Commission under the Technical Standards Directive, and the proportionality
or otherwise of the contested provisions.  It observes how the judgement accepted the defence
argumentation of the government and the copyright  owners as interested parties, and how the ISPs appeared
to be put on the back foot.

JIPITEC is an open access journal. The full article is available here.


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Copyright Enforcement Enigma launch, March 2012

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

Don't miss Iptegrity!  RSS/ Bookmark is the website of Dr Monica Horten. She is a policy analyst specialising in Internet governance & European policy, including platform accountability. She is a published author & Visiting Fellow at the London School of Economics & Political Science. She served as an independent expert on the Council of Europe Committee on  Internet Freedom. She has worked on CoE, EU and UNDP funded projects in eastern Europe and the Caucasus. In a voluntary capacity, she has led UK citizen delegations to the European Parliament. She was shortlisted for The Guardian Open Internet Poll 2012.

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