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Digital Business Lawyer

Volume: 16 Issue: 8
(August 2014)


Civil rights campaigners Liberty announced on 22 July that they will seek a judicial review of the UK’s Data Retention and Investigatory Powers (DRIP) Act, which received Royal Assent on 17 July. DRIP, which received parliamentary backing following a fast-tracked approval process, comes into force with immediate effect and requires communications service providers (CSPs) to retain communications data for up to 12 months. / read more

Google is to implement by the end of September changes to its apps, including the removal of the word ‘free’ when referring to apps featuring in-app purchases, in response to joint enforcement action by the EC and Member States. / read more

The UK Department of Culture, Media and Sport announced on 24 July that it has ceased work on the copyright enforcement regime under the Digital Economy Act 2010 (DEA), following the joint move by ISPs and rightsholders to roll out the voluntary Creative Content UK (CCUK) scheme, which will see ISPs send educational letters to suspected infringers. / read more


On 13 June 2014, the Supreme Court of British Columbia granted an interim injunction in the litigation between Equustek Solutions and Datalink that orders Google to remove all links worldwide to a company, Datalink, selling products online that are in violation of Equustek’s intellectual property rights. Google now wishes to overturn the Supreme Court injunction at the Court of Appeal. H. David Edinger of Singleton Urquhart LLP looks at the next steps in a case that is rich with novel or rare legal issues concerning the British Columbian court’s jurisdiction over e-commerce, and the extent of its equitable jurisdiction, in light of the complexities of Google’s business. / read more

On 10 July the Government announced it was to rush emergency data retention legislation through Parliament. It claimed the new law was necessary in light of a recent ruling by the Court of Justice of the EU (‘CJEU’) and calls from companies for a clearer legal framework to underpin cooperation with government agencies. Parliamentary time for considering the Data Retention and Investigatory Powers Bill (‘DRIP’) was severely curtailed and the legislation was enacted on 17 July, following only three days of debate. The law obliges service providers to retain data regarding their customers’ communications, including telephone and email use. By Elizabeth Knight, Legal Director at the Open Rights Group. / read more

On 15 July 2014, the United States House of Representatives passed House Resolution (H.R.) 3086, the Permanent Internet Tax Freedom Act. This legislation, a bi-partisan proposal with more than 220 co-sponsors, would make permanent a sixteen year moratorium prohibiting federal, state and local governments from imposing taxes on internet access, discriminatory ‘internet only’ taxes, and multiple taxes on electronic commerce, as Sylvia F. Dion, Founder & Managing Member of PrietoDion Consulting Partners LLC, explains. / read more

The new law introducing amendments to the Russian Federal Law on Personal Data and to the Russian Federal Law on Information, Information Technologies and Protection of Information will come into force on 1 September 2016. Irina Anyukhina, Anastasia Petrova and Maria Ostashenko of Alrud Law Firm, Moscow, discuss the nuances of the new law that may give hope to companies affected by the new requirements. / read more

On 1 April 2014, the Office of Fair Trading (‘OFT’) was replaced by the new Competition and Markets Authority (‘CMA’). The importance of e-commerce to the wider economy, and the increasing attention e-commerce attracts from competition authorities globally, was reflected in the fact that the OFT chose to focus its last decision under the Competition Act 1998 on an online market. In addition, in a speech on the CMA’s first day of business, the Chairman of the new CMA identified online markets as a major CMA priority going forward. These developments herald a renewed focus on competition law compliance on all aspects of e-commerce at all levels, and a recognition of the importance of e-commerce. By Christopher Hutton and Aniko Adam of Hogan Lovells International LLP, London. / read more

Much has been made of the importance of review websites like TripAdvisor and Yelp to the success or failure of small businesses. And there can be little doubt that a negative review, particularly one corroborated by others, can be damaging. In this article Ashley Hurst and Jack Gilbert of Olswang LLP argue that whilst libel law can sometimes assist victims of false and defamatory reviews, it is often not a complete answer and both large and small businesses are often better advised to generate genuine, positive reviews than spend money on libel lawyers. Hurst and Gilbert argue that victims of negative reviews should exercise caution before turning to libel law, and explain why. / read more

In the context of the EC’s new action plan and strategy, E-commerce Law & Policy explores the issue of IP rights enforcement in the EU, with contributions from Jeremy Drew and Louise Morgan of RPC, London, Daniela De Pasquale of D&P Studio Legale, Milan, and Dr. Sebastian Haunss, Senior Researcher at the University of Bremen. / read more

The US Supreme Court ruled on 25 June in the widely awaited case of American Broadcast Companies, Inc. v. Aereo, Inc that Aereo’s over-the-air internet TV service is in violation of the US Copyright Act. Kathy Ossian of Ossian Law PC explores the Supreme Court’s decision and its potential impact on other cloud service providers. / read more

About Digital Business Lawyer:

The monthly publication providing authoritative insights and thought leadership on the legal/regulatory issues affecting online business, covering distance selling, contracts, domain names, adblocking, advertising, cloud computing, net neutrality, e-privacy, data protection, cyber crime, the Internet of Things, social media, internet taxation and software / read more

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