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First Application of Google Spain by a National Court in Europe: the Right to be Forgotten Gets Reduced in the Netherlands

Recently, a European national court applied for the first time the Google Spain ruling of the European Court of Justice (“ECJ”). The Court of Amsterdam dealt with one of the “right to be forgotten” requests that Google refused to comply with by rejecting the claims of the plaintiff and reinforcing the role of freedom of speech. Read more » about First Application of Google Spain by a National Court in Europe: the Right to be Forgotten Gets Reduced in the Netherlands

“Tool Without A Handle” “Justified Regulation (Part 2 – Privacy)

This blog draws a basic distinction - between “privacy” questions on one hand, and “fairness” questions on the other. I believe the “privacy” conversation is not well served when we fail to carefully distinguish “privacy” and “fairness” issues. Moreover, for much of current privacy law and policy, the debate is not really about privacy (solitude or a "right to be let alone") so much as it is about “fairness." Read more » about “Tool Without A Handle” “Justified Regulation (Part 2 – Privacy)

Italian Constitutional Court to Decide Whether Administrative Enforcement of Online Copyright Infringement is Constitutional

A few days ago, an Italian administrative Tribunal referred to the Italian Constitutional Court a question regarding the constitutionality of the Italian Communication Authority's ('AGCOM') Regulation on Online Copyright Infringement (“Regulati Read more » about Italian Constitutional Court to Decide Whether Administrative Enforcement of Online Copyright Infringement is Constitutional

New Zealand Court of Appeal Found a Facebook Page Owner Not Liable for Defamatory Comments Posted by Others

Recently, the Court of Appeal of New Zealand decided Christopher Robert Murray And Ors v Ian Wishart and ruled that a third party publisher - the owner of a Facebook page that contained comments by others - was not liable for defamation without actual knowledge, overturning a previous 'ought to have known' test. Read more » about New Zealand Court of Appeal Found a Facebook Page Owner Not Liable for Defamatory Comments Posted by Others

European Public Libraries Have the Right to Digitize Works in their Collections with Some Limitations

On September 11, 2014, the European Court of Justice (ECJ) decided Technische Universität Darmstadt v Eugen Ulmer KG stating that European libraries may digitize books in their collection without permission from the rightholders. The decision confirmed a previous opinion of the ECJ's Advocate General, as reported here. Read more » about European Public Libraries Have the Right to Digitize Works in their Collections with Some Limitations

Tool Without a Handle: "Justified Regulation"

This blog post picks up (finally) on the topic of regulation – in particular to discuss cases where the issue is universally understood as worthy of regulation, so much so that variation in regulatory approaches is less desirable. One example of tool use that is worthy of sanction is the non-consensual public distribution of private, sexually explicit images, particularly of children. Questions remain, though, as to whether regulation should apply to direct actors or also to intermediaries, and what specific requirements should apply.

In this post, I suggest some core criteria that should be present whenever any regulation of tool providers is considered: 1) strong social consensus there are concrete and significant harms to be addressed; 2) strong consensus that obligations should apply equally across all intermediaries and online providers; 3) strong consensus the regulation is appropriately tailored and enforceable as a technical and practical matter. Read more » about Tool Without a Handle: "Justified Regulation"

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