Data protection / Data retention / Internet intermediaries

ISPs: data controllers as well as mere conduits? Does this make sense? What do we do with the e-privacy Directive if we care?

So here we are, the English Court of Appeal, as it has been explained by Alison in her post, has recently held in the Google v Vidal-Hall case, among other things, that there was a serious issue to be tried that Browser-Generated Information (BGI) is personal data under the Data Protection Act of 1998 (DPA), … Continue reading

blocking injunction / Data protection / deep packet inspection / Intellectual Property / Internet intermediaries / ISPs / Privacy

Cartier et al v Sky et al 2014: what if the ISPs’ blocking systems did not implement Shallow Packet Inspection technologies?

Over the last couple of years, music and film copyright owners have obtained several website-blocking orders under UK copyright rules (section 97A of the Copyright, Designs and Patents Act 1988). However, as there is no equivalent legislative provision for trade mark infringement, website-blocking orders have not been used in respect of trade mark infringement… that … Continue reading

Access to data / Data retention / Internet intermediaries / Law enforcement

The (EU Parliament) Legal Service’s opinion on the impact of the invalidity of the data retention Directive…. Is the wind starting to blow?

On 8 January, the legal service of the European Parliament released an opinion, the purpose of which was to answer 9 questions posed by its LIBE Committee (Civil Liberties, Justice and Home affairs), as regards the effect of the judgment of CJEU in the landmark Digital Ireland (DRI) case of 8 April 2014 on the … Continue reading

Access to data / Data retention / Internet intermediaries / Law enforcement / Surveillance

Could the Counter-Terrorism and Security Bill really change things for online service providers?

The Counter-Terrorism and Security Bill (CTSB) was introduced in the House of Commons on 26 November 2014 as a way to “address the capabilities gap the authorities face when it comes to communications data” says Theresa May. In particular, the aim is to “require internet providers to retain Internet Protocol – or IP – address … Continue reading