CyberLaw Blog

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

Archive for November 26th, 2008

The UK does not need a data breach notification law, says Government

Wednesday, November 26th, 2008

The UK does not need a data breach notification law, says Government: “The Government has rejected calls for a law that would require significant data security breaches to be notified to the country’s privacy regulator. It said that notification to the Information Commissioner should be a matter of good practice, not law.”

(Via OUT-LAW News.)

Facebook wins record $873m fine against spammer

Wednesday, November 26th, 2008

Facebook wins record $873m fine against spammer: “Facebook has won a $873m judgment against a Canadian sued for spamming users of the social networking site with ’sexually explicit’ messages after hacking into the profiles of its members.”

(Via OUT-LAW News.)

The Pirate Bay Celebrates 5th Anniversary

Wednesday, November 26th, 2008

Post from: TorrentFreak

The Pirate Bay Celebrates 5th Anniversary: “

In the fall of 2003, a group of friends from Sweden decided to launch a BitTorrent tracker named ‘The Pirate Bay’. Today, roughly 5 years after this historic day, the founders of the site are celebrities in Sweden, and rockstars on the Internet.

The Pirate Bay its roots lead us back to Piratbyrån (The Bureau of Piracy), a pro-piracy organization which was founded in August 2003. Since there was no filesharing network in Sweden at the time, Piratbyrån decided to launch one, using the relatively new BitTorrent protocol.

Peter Sunde (Brokep), one of the co-founders together with TiAMO and Anakata, later said that their initial goal was to build a Scandinavian BitTorrent community. ‘At this time there was one big torrent site, which was called Suprnova, but they mainly had international content. We and Piratbyrån wanted more Swedish and Scandinavian content. So we started a big library, and that is The Pirate Bay.’

pirate bay

When the site launched exactly remains a mystery though, as we read on The Pirate Bay blog. ‘The official birth date of the site is not 100% sure. We’ve been discussing it back and forth the past week and decided that screw it, you don’t need to know which day. We’ll celebrate anyhow!’

The hardware setup was really primitive initially. When the site launched it was hosted in Mexico, where Anakata hosted the site on a server owned by the company he was working for at the time. The site moved to Sweden later, where Fredrik hosted the tracker on his laptop for a while, But, as the site grew, it had to move on to a more powerful setup.

The Pirate Bay soon became one of the largest BitTorrent trackers on the Internet. By the end of 2004, a year after the site launched, the tracker was already tracking a million peers and over 60.000 torrent files. Around the same time, the founders also noticed that not only Scandinavians were interested in their site. In fact, 80% of their users case from other parts of the world. Because of increasing worldwide popularity, The Pirate Bay team completely redesigned the site, which became available in several languages from then on.

Due to these changes, The Pirate Bay grew even faster, and the number of peers tracked by the site grew to 2,500,000 in 2005. Its popularity didn’t go by unnoticed in Hollywood either. Copyright holders started to send out takedown notices, which were often mocked by the site’s founders. Eventually, however, The Pirate Bay got raided, following pressure from Hollywood and the USA.

The raid brought the site into mainstream press, not in the least because it came back online within three days. All this publicity consequently resulted in a huge traffic spike, sorting quite the opposite effect of what Hollywood had hoped for. In the years that followed, ISPs in other countries including Denmark and Italy were forced to ban the site, again it only increased The Pirate Bay’s popularity.

Last week the tracker reached another milestone, as it broke the 25 million peers mark. This effectively means that at any given point in time, more than 25 million people actively trade files thought the Pirate Bay tracker. Not worried by the upcoming court case in 2009, the ship sails on, larger than ever before. That is certainly something to celebrate.

Danish ISP Must Continue to Block The Pirate Bay

Wednesday, November 26th, 2008

Post from: TorrentFreak

ISP Must Continue to Block The Pirate Bay: “

In February 2008, a Danish court ordered the ISP Tele2 to block its customers from accessing The Pirate Bay. The controversial ruling was under appeal but today, in a move which will delight the IFPI, the High Court upheld the decision to force the ISP to stop its customers from accessing the world’s largest BitTorrent tracker.

pirate bayThe original court case to force Danish ISP Tele2 to block The Pirate Bay was initiated by the IFPI, the anti-piracy organization representing the worldwide recording industry. IFPI argued that Tele2 was assisting in mass copyright infringement, and that access to the site therefore had to be blocked.

At the time, The Pirate Bay co-founder Brokep told TorrentFreak: ‘I hope the torrent community understands what this will do to Danish people. It will also act as a very bad precedent for the European Union, and I hope everybody will fight this.’

In February, a Danish court sided with IFPI and ruled that Tele2 had assisted in copyright infringement because they give their customers access to The Pirate Bay, thereby copying copyrighted material in their routers.

The decision heated the debate on ISPs filtering the Internet, not least because it goes against European law, which states that ISPs are not responsible for the traffic their users generate. Nonetheless, IFPI booked an initial success in forcing Tele2 to block the site on a DNS level.

However, at this stage, all was not lost. Traffic to the site only increased as a result of the publicity generated by the block, and the decision was subject to a Tele2 appeal. The Pirate Bay also promised that if Tele2 subsequently won, they would claim compensation and use the money to fund aspiring Danish artists who make music and release it for free.

The result of the appeal was announced just a short time ago, and it is not good news for the Swedish tracker, Tele2, and potentially other ISPs who desperately do not want to become unpaid ‘Internet policemen’. The High Court upheld the decision to force Tele2 to continue the DNS level block on The Pirate Bay, so that its customers cannot access the site.

This isn’t the first time a Danish ISP has been ordered to censor the Internet. In December 2006 a court ruled against Tele2 in a similar case, ordering the ISP to block access to Allofmp3.com. According to the ruling, Tele2 was willingly infringing copyright if their customers use AllofMP3 to download music.

At the time of the initial decision in February, the IFPI threatened that if it was successful and Tele2 lost its appeal, it would take further steps to force other ISPs to start blocking The Pirate Bay too. Jesper Bay, the head of the Danish IFPI told Computer World today that he expects other ISPs to follow suit, and block access to The Pirate Bay as well.

Whether or not Tele2 will appeal the decision at the Supreme Court is not known yet. More on this pivotal breaking news as we get it.

UK Government finally names the day for porn ban

Wednesday, November 26th, 2008

Government finally names the day for porn ban: “

It’s the end of your smut as you knew it

Sixty-one days and counting: if your stash contains any material that is or may fall foul of the Government’s new laws on extreme porn, then that is how long you have left to destroy it or otherwise get rid of it. Because, courtesy of Consenting Adult Action Network (CAAN), The Register can reveal today that the law is going live on 26 January 2009.…

(more…)

Extreme Pornography provisions are coming into force on 26 January, 2009

Wednesday, November 26th, 2008

No guidelines are issued yet by the Ministry of Justice…

The Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008 No. 2993 (C. 128)

The date appointed for the coming into force of the following provisions of the 2008 Act is 26th January 2009—

(a) section 63 (Possession of extreme pornographic images);
(b) section 64 (Exclusion of classified films etc.);
(c) section 65 (Defences: general);
(d) section 66 (Defence: participation in consensual acts);
(e) section 67 (Penalties etc. for possession of extreme pornographic images);
(f) section 68 (Special rules relating to providers of information society services);
(g) section 71 (Maximum penalty for publication etc. of obscene articles)

Aussie government muffs plans for internet filtering

Wednesday, November 26th, 2008

Aussie government muffs plans for internet filtering: “

Greens borrow Sex Party clothes

Plans for filtering of all internet content in Australia could well backfire on the Labour Government, with talk of ’socialism’ banned, and muffins off the menu entirely.…

(Via The Register – Public Sector.)

Juror dismissed over Facebook poll

Wednesday, November 26th, 2008

Juror dismissed over Facebook poll: “A juror in a sex abuse case was kicked off the case after using Facebook to ask her mates whether the suspect was guilty or not.”

(Via OUT-LAW News.)

Verdict in MySpace Suicide Case

Wednesday, November 26th, 2008

Verdict in MySpace Suicide Case: “A Missouri woman who prosecutors say drove a 13-year-old girl to suicide by tormenting her with a fake MySpace persona was acquitted of the most serious charges.

(Via NYT > Technology.)

Australia: Greens won’t back federal plans for internet filters

Wednesday, November 26th, 2008

Noticed on Melonfarmers.co.uk

Greens won’t back federal plans for internet filters | News.com.au

AAP, November 25, 2008 08:36am

THE Australian Greens won’t be supporting plans to introduce compulsory internet filters.

The Federal Government wants to introduce filters to stop people accessing x-rated material, child pornography and inappropriate material.

The plan is being opposed by the internet industry which says it opens the door to censorship of other material, including political views.

‘We’re very, very concerned that there’s going to be a unnecessary clamp down on the internet and it has to be watched,’ Greens leader Bob Brown told ABC Television on Tuesday.

His colleague Scott Ludlam has been lobbying against the changes.

‘He’s working very hard with community groups in Australia to oppose the current proposals by the Government,’ Senator Brown said.

The Government needs the support of all seven crossbench senators – including the five Greens – to have draft laws pass parliament against coalition opposition.