Big tech accountability? Read the backstory to today's policy debates here on Iptegrity.

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.

Find me on LinkedIn

About Iptegrity is the website of Dr Monica Horten.

I am a tech policy specialist, published author, post-doctoral scholar. I hold a PhD from the University of Westminster, and a DipM from the Chartered Institute of Marketing. Currently working on UK Online Safety Bill.

Recent media quotes: BBC, iNews, Times, Guardian, Politico.  Panelist: IAPP,  CybersecuritySummit. Parliament and Internet. June 2022-July 2023 w/ Open Rights Group. 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.