Tuesday, 1 May 2012
Wednesday, 16 June 2010
French Senator Proposes Outlawing Anonymous Blogging (TechDirt, 02 June 2010)
If You're Trying To Sell Insider Info, Perhaps Don't Randomly Email Dozens Of Investors (TechDirt, 28 May 2010)
Careful WithThat Fake Social Networking Profile; If You 'Personate' Someone, You Can Go To Jail(TechDirt, 02 June 2010) - the article is critical of the offence: it should not be criminal to impersonate somebody on Facebook in California. I tend to disagree. Using the name of somebody can be criminal whatever the motives. French law considers that the simple use of a name is an offence, although a minor one. But the conjunction of using another's name with fraud notably is in most jurisdictions a crime; why not for a fake webpage if this webpage has not been intended as a work of fiction but as the description of someone's life and thoughts? Of course, torts may be a better tool to deal with such issues, but criminal law cannot be excluded per se.
On the other hand, criminal law cannot be misused just because the behaviour is wrong and does not fit other crimes than hacking for example. Mom Who Used Son's Facebook Account Found Guilty Of Online Harassment (TechDirt, 28 May 2010). what she did was hardly constitutive of harassment: she accessed his account, changed the password and used the Facebook account...
same for banning sentences or pre-trial measures, a "Guy Who Encouraged People To Commit Suicide Online Banned From The Internet" (TechDirt, 27 may 2010), but this is far too broad a measure
Judge Says DHS Can't Hang Onto Travelers Laptops To Search Much Later Without A Warrant (TechDirt 11 June 2010)
Court Says Border Patrol Can Take Your Laptop For Off-Site Search If They Have Reasonable Suspicion (TechDirt, 03 June 2010)
Guy Charged With Harassment For Sending Email Complaint To Senator Jim Bunning (TechDirt, 04 June 2010)
Twins In Legal Fight After Making Disparaging Comments About Professor On Facebook (TechDirt, 15 June 2010)
Louisiana Wants To Put You In Jail If You Embarrass Anyone Under 17 Years Old Online (TechDirt, 21 may 2010)
Andrew Cuomo Grandstanding Again: Threatens To Sue Social Networking Site Over Actions Of Its Users (TechDirt, 10 June 2010)
New Libel Law Proposed In The UK; Gives ISPs Two Weeks To Respond (TechDirt, 07 June 2010)
Dutch Court Says Just Publishing Links To A Movie Is Illegal And Must Be Blocked (TechDirt, 04 Jun 2010)
Yet Another Spanish Court Finds File Sharing Site Legal; Compares File Sharing To Book Lending (TechDirt, 08 June 2010) - the source in English language is Torrent Freak which has a link in Spanish to the interview given by the Lawyer Carlos Sanchez Almeida to Publico.es (04 June 2010) - research in Spanish gives access to the text of the judgment available on what seems to be the website of Almeida's law firm. http://www.bufetalmeida.com/602/caso-cvcdgo-pagina-de-enlaces-la-audiencia-provincial-de-madrid-confirma-el-auto-de-archivo.html The Google translation is not bad at all and confirms the translation made. It also reveals more clearly than my now poor understanding of Spanish could grasp. The Judges have referred to various cases, acknowledging that the law is not settled on this issue. Yet, for them
"since ancient times has been the loan or sale of books, movies, music and more. The difference now is primarily on the medium used was previously the paper or analog and now everything is digital format which allows an exchange much faster and higher quality and also a global reach through the Internet. And this exchange takes place in the network through file-sharing systems "P2P (or peer network) where there are no fixed clients and servers have a global reach as any Internet user can connect to your computer and share files that are divided, in turn, a large number of parties.
To use file sharing programs (Emule, etc.) Running the link or link to the document that is on the website so that the user's computer connects to a computer but not many who have various stages of This same document being shared among many users at once without anyone perceived why any financial reward."
In most English newspapers/blogs, the first part is quoted. Yet I find the second paragraph equally interesting: it is saying that file sharing is not about holding the copyrights of the book and making money on it. It is just like a village market place providing the platform for users to exchange.
How Much Do Most People Really Care About Privacy? (TechDirt, 02 June 2010) -
Finland Plans To Decriminalize Using Open WiFi (TechDirt, 11 June 2010)
Group Claims Google Had 'Criminal Intent' In WiFi Data Collection (TechDirt, 10 June 2010)
Google WiFi Data Caught In Legal Limbo (TechDirt, 27 May 2010)
How Much Do Most People Really Care About Privacy? (TechDirt, 02 June 2010) -
Thursday, 20 May 2010
IP belongs to Linden Lab now; but ambiguity is there about ownership
Is It Illegal To Tell People How To Commit Suicide Online? (TechDirt, 14 May 2010)
"EU Digital Agenda Commissioner Admits That 'Piracy' Has Created The Market That Legislators Did Not", TechDirt, 11 May 2010
Swedish Police Say Anti-Piracy Law Has Harmed Ability To Catch Criminals (TechDirt, 18 May 2010)
"Does Intellectual Property Go Against Traditional Views Of Knowledge In India?", TechDirt, 14 May 2010
Google Admits It Was Accidentally Collecting Some Open WiFi DataData (TechDirt, 14 May 2010)
EU watchdog slams Facebook privacy settings (Euractiv, 14 May 2010)
and new challenges ahead...
Obviously the question is a matter of sensibility as the US tend to be less concerned than Europe.
Draft Of Privacy Bill Introduced... And Pretty Much Everyone Hates It (TechDirt, 5th May 2010)
London Wants To Offer Full WiFi Coverage... But How Will That Work With The Digital Economy Act? (TechDirt, 18 March 2010)
UK Regulator Says Digital Economy Act Only Applies To Big Wireline ISPs (TechDirt, 18 March 2010)
Tuesday, 18 May 2010
To see all the streams of the Conference on Modernities, click here
Wednesday, 12 May 2010
Legal Analysis Of Italian Criminal Conviction Of Google Execs Says Judge Made A Big Legal Error (TechDirt, 30 April 2010)
Friday, 7 May 2010
More recently, news on the US Cybersecurity Act which first draft was anti-libertarian, "Les Etats-Unis toilettent leur plan de lutte contre la cybercriminalité" JDN, 13 March 2010
and DDOS attacks linked with extortion/blackmail notices, "Chinese DDoS attacks hit News Limited" (ZDnet.co.uk, 14 April 2010)
"Acta copyright treaty draft gets first public airing" (ZDnet.co.uk, 21 April 2010)
and earlier on, the EU Parliament's rejection of the treaty by 633 to 13! "European Parliament votes down Acta treaty" (ZDnet.co.uk, 11 March 2010)
"Over 1,000 NHS desktops part of botnet, says Symantec" (ZDnet.co.uk, 23 April 2010)
"iDefense: 1.5 million Facebook accounts for sale" (ZDnet.co.uk, 23 April 2010)
Therefore, one wonders why employers ease restrictions on employees using social networking sites, when usually the security of their own IT systems is average or bad. "Managers ease restrictions on Facebook use" (ZDnet.co.uk, 23 April 2010)
especially when a study by the French CNIL reveals that the most common password used is "123456"!!!!!! JDN, 22 January 2010
Google Street View, already criticised for other reasons, all linked to privacy, acknowledged that it takes the Wi-Fi details of people, i.e. their MAC addresses, that will be able to any user using location-based services. In other words, your neighbour or your potential hacker can know all about your Wi-fi, making easier to hack into your computer.
A "bemol" though: if you have configured your Wi-Fi device not to broadcast, the signal and information should not be available. Another reason to do it, if you have not already done so.
"Google explains why Street View cars record Wi-Fi data"
when we know that Google will have 96 pc of the UK roads on it: "Google Street View to cover 96pc of UK roads"
For a general view of privacy issues Google services raise, see the letter addressed to the company ten European authorities in charge of protecting IT users privacy, CNIL, press release 20 April 2010. See also (in French), "Les gardiens de la vie privée exhortent Google à respecter les lois" (Depeches du Juris-Classeur, 23 April 2010)
- The EU commission wants to create an agency to foster better collaboration in cyber-investigations, albeit the UK, Germany and France remain to be convinced. One concerns is also the overlap with ENISA, in addition to the fact that ENISA has not been the success story that it was hoped for when it was launched. "EU to establish cybercrime agency" -Euractiv, 28 April 2010
- The UK is worried that it does not have enough IT engineers able to implement security and is targeting A-levels pupils and UG to recruit more IT students "UK-wide Cyber Security Challenge kicks off" (ZDnet.co.uk, 29 April 2010)
- And Beijing is imposing an authorisation on firms developing IT security softwares/solutions, probably less for security reasons than for protectionist motives. JDN, 29 April 2010 (in French)