Categories
Articles

Digital Economy Act Code

Ofcom have at last published the Initial Obligations Code on how ISPs must deal with copyright infringement reports under the Digital Economy Act 2010. The accompanying notes, and in particular Annex 5, provide welcome recognition of the work that is already done by universities and colleges to reduce infringement on the Janet network, as well […]

Categories
Presentations

Consent – the last resort?

I did a presentation at the EEMA eID Interoperability conference last month on alternatives to “consent” in federated access management. At the moment consent seems to be the most often cited justification for processing personal data – websites frequently say that “by using this site you consent to…”. The problem with this is that the […]

Categories
Articles

Draft EU Regulation on eIdentities

The European Commission have proposed a draft eIdentity Regulation, to replace the current eSignatures Directive (99/93/EC). While the proposal is mostly concerned with inter-operability of national electronic IDs and improving the legal significance of digital signatures, timestamps, documents, etc. there are also some new requirements on “trust service providers”. According to Article 3(12), Trust Services […]

Categories
Closed Consultations

Notice and Takedown Consultations

Two consultations have come along at once – one from Westminster and one from Brussels – that both seem to recognise the problems with incentives that current liability rules create for sites that host third party content. Under both the UK Defamation Act 1996 and the European eCommerce Directive (2000/31/EC) hosts are discouraged from themselves […]

Categories
Articles

Choosing the Right Identifier

In discussing a legal framework for federated access management we’ve concluded that the right approach to use as a basis for exchanging attributes is that a particular attribute is “necessary” to provide a service. That implies both that service providers shouldn’t ask for attributes they don’t need, and also that where there is a choice […]

Categories
Articles

EU considers “Hacking Tools” offences

The  European Commission seems to be revisiting ground covered by the UK’s 2006 amendment to the Computer Misuse Act, attempting to criminalise certain acts relating to devices/tools used for committing offences against information systems. The problem is that many computer programs – for example for identifying vulnerable computers, monitoring wireless networks or testing password strength […]

Categories
Articles

ICC Cookie Guide

The International Chamber of Commerce has published a Guide to cookies to help businesses comply with the legislation and individuals understand what is being done with their data. Rather than concentrating on the legal issues, the guide aims to develop a common terminology for different types of cookie use, which should help to increase users’ […]

Categories
Articles

How to think about privacy

I’ve been pointed to an interesting article by Alexis Madrigal about the work of Helen Nissenbaum, an American philosopher who has been looking at what “privacy” actually means, and what sort of things cause us to feel that our privacy has been invaded. A lot of discussion (and most of EU data protection law) assumes […]

Categories
Articles

Copyright blocking – recent UK cases

The latest case brought by rightsholders under the Copyright Designs and Patents Act 1988 has found that bittorrent tracker site The Pirate Bay does infringe copyright according to the Act. Following this decision it seems likely that rightsholders will seek injunctions under s97A of the Act requiring ISPs to “block” access to the site, as […]

Categories
Articles

ECJ on Copyright Injunctions: Hosting Providers

After ruling last year on the balance between the rights of copyright holders, users and network providers, the European Court of Justice has now ruled on the same question applied to the case of a hosting provider, the social network Netlog. As in the earlier Scarlett case, the copyright collecting society (SABAM) had asked the […]