But: permission from whom? Article 136-2(1) CPI answers that, by saying that the publication of a plastic artwork, graphic or photographic work by an online communication service will be now subject to the consent - not of authors - but rather one or more collecting societies appointed to this end by the French Ministry of Culture.
In January this year, the European Commission opened up a probe on the rule of law in Poland, using for the first time a framework created in 2014.
On 27 July, the EU executive presented its findings and declared that the Law and Justice (PiS) government had passed laws posing a “systemic threat” to rule of law. It gave Poland three months to comply with a list of recommendations aimed at restoring the independence of the judicial system.
European Digital Rights (EDRi), together with 20 civil rights organisations and individual signatories, sent a letter to the leaders of the European Union. In the letter, a broad coalition urges the European Commission and Member State representatives to resist pressure and come forward with proposals which will not sacrifice citizens’ fundamental rights.
The first ever conference on data protection in Lithuania will take place next week on October 27. Information about the speakers is available in English here.
Federal and local law enforcement across the US are adopting sophisticated facial recognition technologies to identify citizens on the streets and in social media by matching faces to massive databases.
GS Media exploits a provocative blog with the name “GeenStijl” which published a hyperlink to a set of photographs of a Playboy Magazine issue that yet had to hit the newsstands. GeenStijl claimed that the photographs had been leaked from within Sanoma Media, Playboy licensee and publisher in the Netherlands.
Playboy et al litigated against GS Media. That resulted in prejudicial questions to the CJEU on whether a hyperlink to an infringing copy of a work on a generally accessible website constitutes a “communication to the public” as meant in art 3(1) of Directive 2001/29 and a set of related questions.
The CJEU, building on the already problematic Svensson case (C‑466/12, EU:C:2014:76), now has answered that question with a tentative “yes”, introducing a new criterion, namely that of financial gain.
After the “Privacy shield” was adopted on 12 July 2016, the European Commission started internal discussions about whether or not to include “data flows” and “data localisation” clauses in Transatlantic Trade and Investment Partnership and in the Trade in Services Agreement. It appears that the European Commission Directorate-General for Justice and Consumers (DG Justice) initially accepted the inclusion of clauses on forced, unjustified “data localisation”, but not on transfers of data. However, according to EurActiv, DG Justice has backed down and accepted a weakening of its position on data protection and privacy in order to placate industry, after a campaign based on dubious assertions and backed up by the US government.
One of the recurrent attempts to control the internet is the excuse of “child protection”. Italy has moved a step to this direction, and is going to release a new law against “cyberbullying” that confirms this new trend.
The UK government wants to stop people under 18 from looking at pornography and it proposes to make all the porn sites operating in Britain implement age-verification systems.
UK spy agencies broke privacy rules by collecting large amounts of UK citizens' data without adequate oversight, the Investigatory Powers Tribunal has ruled. The ruling said some data collection did not comply with the European Convention on Human Rights.
Can open data improve people’s access to information? In this article, Michael Cañares, Regional Research Manager at the Open Data Lab Jakarta looks at how citizens in Banda Aceh used Indonesia’s Freedom of Information Act, and how open data worked to bolster citizen participation.
The use of open standards will be made mandatory for public administrations. A law proposal by MP Astrid Oosenbrug was adopted by the Parliament’s lower house yesterday. According to the MP, the open standards requirement will be one of several changes to the country’s administrative law, introduced next year.
The American Civil Liberties Union on Tuesday outed Facebook, Twitter, and Instagram for feeding a Chicago-based company their user streams—a feed that was then sold to police agencies for surveillance purposes.
Last week the European Commission released its bombshell Directive on Copyright in the Digital Single Market. And while analyzing this proposal has occupied most of our time, there were several other documents released simultaneously by the Commission that also deserve the public’s attention. Of particular interest was the long-awaited report on the results of the public consultation on 1) the panorama exception, and 2) the role of publishers in the copyright value chain (aka ancillary copyright proposal).
Discussion has been focusing on the relationship between the new proposed directive and the existing body of legislation and the economic/legal rationale of the various initiatives. What however appears to have been left partly out of the debate is what relationship the DSM Directive has and will have with the existing body of case law of the Court of Justice of the European Union (CJEU).
The World Intellectual Property Organization treaty on copyright exceptions for print-disabled readers entered into effect on 30 September, and trading in accessible format works began immediately. This week, the treaty will be a highlight of the annual WIPO General Assemblies, and is expected to come up at the parallel UN Social Forum taking place next door.
Yahoo Inc last year secretly built a custom software program to search all of its customers' incoming emails for specific information provided by U.S. intelligence officials, according to people familiar with the matter.
The European Court of Justice (ECJ) recently announced its decision in Sony v McFadden with important consequences for open wireless in the European Union. The court held that providers of open wifi are not liable for copyright violations committed by others, but can be ordered to prevent further infringements by restricting access to registered users with passwords. EFF reported on the legal aspects of the case last year and collaborated on an open letter to the ECJ on the costs to economic growth, safety and innovation of a password lockdown.
In the "first half of 2016" Open Whisper Systems (developers of the Signal messaging platform), received a subpoena from the Eastern District of Virginia requiring them to provide information about two Signal users for a federal grand jury investigation.