CyberLaw Blog

Archive for November 1st, 2008

French Senate passes bill to disconnect filesharers: “

Three strikes for les gratuittards

The French Senate has overwhelmingly voted in favor of disconnecting Internet pirates, despite European Parliament’s direct opposition to the punishment.…

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(Via The Register – Public Sector.)

Alleged Holocaust denier allowed bail – Telegraph

District judge says German extradition warrant ‘not valid’ and must be discharged. Fredrick Töben granted bail pending appeal by Germany but on strict conditions.

By Joshua Rozenberg, 29 October, 2008

Fredrick Töben, the alleged Holocaust denier detained in London a month ago, will be released on bail if he can raise £100,000.

The sum of money is described as ‘security’ rather than a surety because it must be lodged with the court and not merely pledged.

Other bail conditions imposed by District Judge Daphne Wickham are residence at an approved address, daily reporting to the police, surrender of all passports, no participation in public meetings, no media interviews and no use of the internet — even to receive information.

It is difficult to see how this last condition could be enforced.

In any event, it may be some days before arrangements can be made for Dr Töben’s release as the district judge ordered inquiries into other passports that he may have been issued in Australia, where he has citizenship.

Ben Watson, for Dr Töben, applied for bail after the district judge at City of Westminster Court ruled that the warrant under which his client had been arrested was not valid.

This was because it did not say where and when he is alleged to have committed the offence, under German law, of Holocaust denial.

It merely referred to ‘worldwide internet publications’ and alleged that ‘the offender is committing the acts in Australia, Germany and in other countries’.

The court rejected an argument by Melanie Cumberland, for the German authorities, that the required information could be supplied.

The district judge said: ‘Compliance, in my view, cannot be fulfilled by a drip-feed of information as and when the issuing authority provides it.

‘I find that the particulars are vague and imprecise, I find the warrant invalid and therefore discharge the defendant.’

She added that she had not been required to decide at this stage whether the alleged crimes were valid extradition offences.

Miss Cumberland said the German authorities would appeal to the High Court.

As I suggested in earlier reports, the arrest warrant may have been drafted in a deliberately vague manner.

Once the German authorities accept that the material that forms the basis of the charge was published in the United Kingdom as well as in Germany, Dr Töben may have a defence to extradition.

German prosecutors to appeal after Toben’s release (October 30, 2008)

PETER KOHN

ADELAIDE man Fredrick Toben has won at least a temporary reprieve from being sent to Germany to stand trial for Holocaust denial.

In London’s Westminster Magistrates Court, Judge Daphne Wickham ruled yesterday that a European Union arrest warrant under which Toben was picked up at Heathrow Airport on October 1 was invalid as it was not detailed enough.

The AJN understands that the German warrant, which is based on Toben’s alleged violations of Germany’s criminal code between 2000 and 2004, may have deliberately avoided greater detail in order to facilitate his extradition.

Holocaust denial is a crime in Germany, but not in Britain where Toben was arrested or in Australia where the offensive content was posted on his Adelaide Institute website. However, it is prohibited by Australian anti-discrimination laws.

Lawyers for prosecutors from Germany’s Mannheim court are now preparing to appeal the ruling in Britain’s High Court.

Meanwhile, Judge Wickham has granted Toben bail with strict conditions, including a surety of 100,000 pounds, banning him from using the internet and requiring him to report to police daily.

If Toben manages to avoid being sent to Germany and convicted there of Holocaust denial on the internet, he still faces judgement and sentencing in a contempt case now before the Federal Court of Australia.

Jeremy Jones, who was president of the Executive Council of Australian Jewry in 2002 when the Federal Court ordered Toben to remove and not replace offensive material denying the Holocaust on his Adelaide Institute website, launched the contempt action in 2006 after repeated violations.

Orange ditches Phorm: “

Another blow for data pimping

Updated Orange, the UK’s sixth largest broadband provider, is not going to use Phorm’s data-snooping technology.…

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(Via The Register – Comms.)