content regulation / Copyright / Data protection / filtering / GDPR / Internet intermediaries / notice-and-action

The EU Commission and the tackling of illegal content: is more too much?

  The European Commission (EC) Recommendation of 1.3.2018 on measures to effectively tackle illegal content online (C(2018) 1177 final) is now freely accessible. As readers know, this is not the first time the EC has attempted to express meaningful thoughts (for lack of a better word, as once again the instrument is not strictly speaking … Continue reading

content regulation / Copyright / Intellectual Property / Internet intermediaries / liability

AG CAMPOS SÁNCHEZ-BORDONA in Stichting Brein: what is the link between GS Media and Article 15 ECD?

      The Court of Justice of the EU (CJEU)’s Advocate General (AG) Campos Sanchez-Bordona issued his opinion yesterday in the case C‑527/15 Stichting Brein v Jack Frederik Wullems, acting under the name of Filmspeler, which is again a case involving the infamous right to communicate copyright works to the public. Very briefly, the … Continue reading

content regulation / Copyright / filtering / Internet intermediaries / Privacy / safe harbour

Open Letter to the European Commission – On the Importance of Preserving the Consistency and Integrity of the EU Acquis Relating to Content Monitoring within the Information Society

This is not just another post on the proposed Copyright Directive released on 14 September 2016 (Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market discussed in my previous post here) and others hard and/or soft law initiatives coming from the European Commission (see for … Continue reading

content regulation / Copyright / illegal content / immunities / Internet intermediaries / ISPs / notice-and-take down / safe harbour

The CJEU rules on free access to wireless local area networks in McFadden: The last(?) shudder of Article 15 ECD, the vanishing of effective remedies, and a big farewell to free Wi-Fi!

Let us now turn to the last intellectual work of the Court of Justice of the European Union (CJEU) in the field of copyright and intermediary liability [it is indeed really difficult to get rid of them!] which was released today: Case C‑484/14 Tobias Mc Fadden v Sony Music Entertainment Germany GmbH. Once again, the … Continue reading

content regulation / Copyright / filtering / illegal content / immunities / Intellectual Property / Internet intermediaries

Article 15(1) ECD is dead! Long live Article 15(2) ECD! Or how the European Commission stroke the last blow to the ECD safe harbours with its proposed copyright Directive!

  So here we are, never 2 without 3. After the proposed Audiovisual Media Services Directive (AMSD), and the Code of Conduct on countering illegal hate speech, here comes the proposed Directive on copyright in the Digital Single Market! This proposed Directive contains 24 Articles and touches upon hotly debated and controversial issues, such as … Continue reading

content regulation / Copyright / immunities / Internet intermediaries / liability / Linking / notice-and-take down

The CJEU on its head: Is GS Media consistent with Google v Vuitton?

The decision of the CJEU (Court of Justice of the EU) in the GS Media case is a shock. For those who are still enjoying your summer holidays, the CJEU issued today a decision that will not be forgotten easily. The first reason is that the CJEU does not follow its Advocate General (AG), who … Continue reading

Cybersecurity / Intelligence and security agencies / Jurisdiction / Security

New EU Cyber Security Directive enters into force, alongside new US Cyber Incident Coordination Directive

Cyber threats know no borders even if the law does…so how are cyber policies evolving in 2016 to deal with the increasing complexity and scale of cyber-incidents now faced by countries, businesses, and individuals? As anticipated in my post from January this year, a bolstering of cyber security legislation is squarely on the legislative and … Continue reading

blocking injunction / deep packet inspection / filtering / Intellectual Property / Internet intermediaries / Trade Marks

Blocking injunction confirmed in trade mark case: could Cartier ever nourish euro-scepticism even after Brexit?

The Court of Appeal of England and Wales (CA) confirmed yesterday the availability of injunctions against Internet access providers to the benefits of trade mark owners. In short, the CA had to hear appeals by five English Internet service providers (Sky, BT, EE, TalkTalk and Virgin, known as ‘the ISPs‘) against first instance orders made … Continue reading

content regulation / hate speech / illegal content / immunities / Intellectual Property / Internet intermediaries / notice-and-take down / terrorism

The EU Commission and its official Communication on Online Platforms: is the e-commerce Directive being attacked by the back door?

As you might remember, a draft version of the European Commission’s Communication on Online Platforms and the Digital Single Market was leaked at the end of April. From digesting it at that time, it seemed to be clear that the Commission had taken the view that content regulation should be sectorial and the liability exemptions … Continue reading

content regulation / Copyright / Data protection / immunities / Internet intermediaries / ISPs / notice-and-take down

The EU Commission and its draft Communication on online platforms: sectorial voluntary action and soft law are the winners of the regulatory challenge!

The topic of intermediary liability is a hot topic these days, with different types of institutions already having had looked, or still looking, at how to interpret/amend/improve the EU intermediary liability legal and regulatory regime. The European Commission [EC] fuelled this debate with its Communication of 6 May 2015 on ‘A Digital Single Market Strategy … Continue reading