CyberLaw Blog

A news resource for CyberLaw and Cyber-Rights issues from around the globe

Archive for May 2nd, 2008

US Man jailed for 30 months for criminal copyright infringement

Friday, May 2nd, 2008


Forty Defendants Convicted in Operation Copycat to Date

WASHINGTON – David M. Fish, 26, of Woodbury, Conn., was sentenced yesterday in
U.S. District Court in San Jose, Calif., to 30 months in prison on charges of criminal copyright
infringement and circumvention, Assistant Attorney General Alice S. Fisher of the Criminal
Division and U.S. Attorney for the Northern District of California Joseph P. Russoniello
announced today.

Fish was also sentenced by U.S. District Judge Ronald M. Whyte to a three year term of
supervised release following his release from prison, a mandatory special assessment of $500,
and the forfeiture of computer and other equipment used in committing the copyright offenses.


IFPI to Sue Swedish ISP for Facilitating Copyright Infringement

Friday, May 2nd, 2008

IFPI to Sue Swedish ISP for Facilitating Copyright Infringement: “

Ideally, the IFPI wants every ISP to act as the Internet police, by restricting their customers access to websites they claim are facilitating copyright infringement.

So far, the IFPI has had little success with their lobby, that’s probably why they decided to put legal pressure on the ISPs. ‘We believe that ISPs have a special part to play in this and must help us. The discussions we’ve tried to have with the ISPs haven’t led anywhere,’ IFPI’s Managing Director in Sweden, Lars Gustafsson, said in response to their recent announcement.

The IFPI claims to have studied several ISPs practices, but according to Lars Gustaffson they intend to focus on one particular company which they claim facilitates filesharing on the Internet. One of the services they hope to stop is their nemesis, The Pirate Bay.

Gustafsson was advised by his legal team not to disclose the name of the ISP yet, but many people think the ISP Bahnhof will be the most likely target, since they are recommended by the pirate community because of their high stance on integrity.

‘The ISPs don’t believe they have any responsibility to help when it comes to hindering filesharing,’ says Lars Gustafsson. IFPI already sent out letters to several service providers, urging them to start monitoring their customers and filtering websites.

Most ISPs refuse to cooperate with the IFPI though. Last month, Telia Sonera, a large Swedish ISP responded to the IFPI’s request by stating that such actions are illegal under EU law. Norwegian ISPs later responded with similar arguments.

On the other hand, the IFPI claims that restricting access to filesharing sites might actually benefit ISPs. ‘Illegal P2P file-sharing may have helped drive broadband subscriptions in the past, yet today these activities, particularly in respect of movies, are hogging bandwidth,’ they state.

Thus far, the IFPI has won in Denmark. In February, a Danish court ordered the ISP ‘Tele2′ to block its customers from accessing The Pirate Bay. The decision is currently under appeal, and the Pirate Bay recently announced that they will demand compensation for the block.

To be continued…

This is an article from: TorrentFreak

IFPI to Sue Swedish ISP for Facilitating Copyright Infringement

(Via TorrentFreak.)

RIPA Part III Section 49 Notices

Friday, May 2nd, 2008

Spy Blog – “At least eight RIPA Part III section 49 notices have been served – All Your Crypto Keys Are Belong To Us
April 30, 2008 10:51 AM | Permalink | Comments (0)

The Home Office has given some vague details about the number of Regulation of Investigatory Powers Act 2000 Part III – Investigation of Electronic Data Protected by Encryption etc. Section 49 Notices which have been issued since October 2007:

House of Commons, Hansard, 29 Apr 2008 : Column 361W

Regulation of Investigatory Powers Act 2000

David Davis: To ask the Secretary of State for the Home Department (1) how many people have been (a) proceeded against for and (b) convicted of failing to disclose information in encrypted form under section 53 of the Regulation of Investigatory Powers Act 2000; [200550]

(2) how many prosecutions and convictions there have been under the Regulation of Investigatory Powers Act 2000 for withholding passwords and encryption keys to hard drives since that provision entered into force. [200588]

Jacqui Smith [holding answer 23 April 2008]: These provisions came into force on 1 October 2007 and to date eight section 49 notices have been served, four of which were in terrorism related cases. In these four cases two people have been charged with the offence of failing to comply with a section 49 notice, and the appropriate investigating authorities are also considering what action to take in regard to the other two terrorist related cases. These cases have yet to come before the courts.”

The law of Phorm

Friday, May 2nd, 2008

The law of Phorm: “EDITORIAL: Critics have branded Phorm a regulatory rogue. Its targeted advertising technology will bend our laws and even break them. But these will be hairline fractures – even if Phorm’s operation makes you wince.”

(Via OUT-LAW News.)

Internet Libel: Gentoo v Pallion

Friday, May 2nd, 2008

SCL: Internet Libel: Gentoo v Pallion: “Internet Libel: Gentoo v Pallion

Ashley Hurst of Olswangs, the firm that acted for the successful claimants in the Internet libel case, explains the background to the case.

Last week (3 April 2008), Peter Walls, the Chief Executive of the housing company Gentoo Group, accepted an out-of-court settlement of £100,000 damages for libel and harassment from a rival housing company and its owner. The settlement represents the highest payout to an Internet libel claimant to date and sends out a clear message to Internet users that online libels can be equally as damaging as serious allegations in newspapers.
The settlement marks the end of a two-year battle between Gentoo and the corporate defendant, Pallion Housing. Earlier this year, Pallion and its owner agreed to pay £19,000 damages to the company and several of its employees who had also been defamed and abused on the Internet. They have also been ordered to pay the substantial costs of the proceedings.
So why are the damages to be paid to Peter Walls so high? The answer lies in a number of factors.”

(Via .)

Comment is free: Private lives

Friday, May 2nd, 2008

Private lives | Comment is free: “Private lives

Maintaining your privacy online ought to be a right – but assaults on that freedom are coming from every direction”

Federal Judge Sets Formula for Internet Music Royalties

Friday, May 2nd, 2008

Federal Judge Sets Formula for Internet Music Royalties: “A federal judge has established a formula for reckoning the internet royalties owed Yahoo, AOL and RealNetworks. ASCAP is thrilled and estimates the ruling will yield their members as much as $100 million for online use between 2002 and 2009.

(Via Wired News.)

America’s Dilemma: Close Security Holes, or Exploit Them Ourselves

Friday, May 2nd, 2008

America’s Dilemma: Close Security Holes, or Exploit Them Ourselves: “

On April 27, 2007, Estonia was attacked in cyberspace. Following a diplomatic incident with Russia about the relocation of a Soviet World War II memorial, the networks of many Estonian organizations, including the Estonian parliament, banks, ministries, newspapers and broadcasters, were attacked and — in many cases — shut down. Estonia was quick to blame Russia, which was equally quick to deny any involvement.

It was hyped as the first cyberwar: Russia attacking Estonia in cyberspace. But nearly a year later, evidence that the Russian government was involved in the denial-of-service attacks still hasn’t emerged. Though Russian hackers were indisputably the major instigators of the attack, the only individuals positively identified have been young ethnic Russians living inside Estonia, who were pissed off over the statue incident.

(Via Wired News.)


Wired Analysis: RIAA Retains Muscle Under Howell Ruling

Friday, May 2nd, 2008

Analysis: RIAA Retains Muscle Under Howell Ruling: “A recent federal court ruling does not portend the death of RIAA copyright infringement lawsuits targeting Kazaa users. In the first ruling of its kind, a judge says Kazaa users could be liable for copyright violations if RIAA investigators download music from a Kazaa user’s public share-folder.

(Via Wired News.)