Tag Archives: content data

Access to data / content data / Data protection / Data retention / deep packet inspection / ISPs / Law enforcement / metadata / Personal data / Privacy / Surveillance

The Draft IP Bill and data retention obligations: on the irony of the invalidation of the Data Retention Directive

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The Draft Investigatory Powers (IP) Bill was published on the 4th of November. It aims to “govern the use and oversight of investigatory powers by law enforcement and the security and intelligence agencies” in the UK. It is an attempt both to simplify the legal framework and legalise practices, which means it is, in part, … Continue reading →

Data protection / Internet intermediaries / safe harbour / Surveillance

On surveillance, safe harbour and Schrems…Are we that stuck?

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Readers of this blog will almost certainly be aware that the European Union (EU) was the first regional organisation on the international stage to adopt a comprehensive, and relatively stringent, data protection regime. Yet, as the Internet is a global communications infrastructure, the EU has had to find ways to dialogue with non-EU (‘third’) countries … Continue reading →

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?

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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?

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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?

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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 / content data / Data protection / interception / Internet intermediaries / Law enforcement / metadata / Privacy

What if Commissioners could be heard by the right people? Why DRIPA is getting muddier and muddier…

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Just before Christmas, the UK Interception of Communications Commissioner’s Office (IOCCO) published online its submission for the Investigatory Powers Review. It is a 51 p. document full of interesting things. The purpose of this post is to highlight the main points made by the IOCCO with a view to clarifying the debate as regards the … Continue reading →

Data protection / Internet intermediaries / Law enforcement / Surveillance

Are the Europeans that different from the Americans? Can online service providers rely upon their privacy policies to systematically gather the metadata and content data of online communications in order to detect all sorts of illegal activities and let law enforcement bodies know?

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That online service providers (OSPs), including Internet Service providers (ISPs), can do almost all what they want with our data, as long as they have a “decent” privacy policy, has just been confirmed in the US by the very recent decision of the District Court for the Southern District of New York. I have already … 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?

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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 →

Access to data / Internet intermediaries / Law enforcement / Privacy

Metadata, content data almost the same thing? Yes, implies a N.Y. District Court! But is it for good or bad?

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Shira A. Scheindlin, a District Judge from the United States District Court for the Southern District of New York issued a very interesting opinion on 28 October 2014 for those eager to know if the distinction between metadata and content data does make sense [members of the Peep Beep! team have already took their pens … Continue reading →