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Articles

Digital Economy Bill – One step forward

The Digital Economy Bill has been taking up a lot of my time since the start of the new year and I’m pleased to report one result. The Bill gives the Secretary of State powers to intervene in the operations of a DNS registry where a serious failure of the registry is likely to affect […]

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Articles

Blocking “Internet locations”

I had a meeting with Ofcom this morning as part of their review of section 17 of the Digital Economy Act 2010. That section, if enabled by the Secretary of State, would allow courts to order a service provider “to prevent its service being used to gain access to [an Internet] location”. This power could […]

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Closed Consultations

Nominet Domain Suspension Paper

Nominet have published an interesting analysis of the legal issues around any possible process for suspending domains associated with criminal activity. This raises the rather worrying issue that the legal position is not clear if a registry is informed of unlawful conduct somewhere in their domain and decides that the evidence is not strong enough […]

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Articles

DEA progress report

The Chief Executive of OFCOM, Ed Richards, gave evidence to the House of Commons Culture, Media and Sport Committee last week, in which he reported on progress on the copyright enforcement and web blocking parts of the Digital Economy Act 2010. He first confirmed that the Initial Obligations Code was completed and passed to the […]

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Articles

Nominet Criminal Domains Update

Nominet’s Issue Group on dealing with domain names used in connection with criminal activity has published its draft recommendations, which seem reassuringly close to the JANET submission to the original request for comments. Expedited suspension of a domain is regarded as a last resort, to be used only where alternative approaches via the registrar or […]

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Articles

DNS Filtering: Good or Bad?

With various Governments looking at the Domain Name Service (DNS) as a tool to implement national policy (for example the USA’s SOPA and PIPA proposals) Rod Rasmussen’s talk at the FIRST conference was a timely reminder of the possible problems with this approach. DNS is a critical part of the Internet, providing the conversion between […]

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Articles

Defamation Act 2013: help for website operators

The passing of the Defamation Act 2013 this week removes a couple of areas of legal uncertainty if you run a website, blog, etc. and someone else posts an article or comment that may be defamatory. First, provided you aren’t acting maliciously, you don’t risk liability merely by moderating what is posted. Second, the Act […]

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Presentations

New Developments for Internet Operators

My talk at Networkshop looked at some of the changes going on in the law, especially in the measures that those who operate parts of the Internet are expected or required to take to help deal with unlawful activities on line. The law recognises a couple of general roles: Internet Access Providers who provide Internet […]