On 24 November 2011, the EU Court of Justice decided that ISPs cannot be forced to filter Internet traffic to fight intellectual property violations.
In 2007, the Brussels Court of First Instance obliged the ISP Scarlet to filter all internet traffic and to block traffic involving violations of intellectual property rights, in particular in
November 2011
Virginia District Court Issues Significant Ruling Upholding Government Access to Non-Content User Data
by David Fagan and Alex Berengaut On November 10, 2011, Judge Liam O’Grady of the United States District Court for the Eastern District of Virginia issued a 60-page memorandum opinion in a dispute over the validity of a special court order issued to Twitter for non-content records for certain users connected to the government’s Wikileaks…
LinkedIn Motion to Dismiss Granted
Judge Koh of the District Court for the Northern District of California recently granted LinkedIn’s motion to dismiss with leave to amend in Low v. LinkedIn. Covington represents LinkedIn in this case, in which Plaintiff alleges that he suffered injury by virtue of LinkedIn’s purported transmittal of a unique UserID to certain third parties as…
Federal Court Finds Warrant Required to Obtain Cell-Phone Locations
Government officials must seek a warrant to compel the disclosure of cell phone location data, a federal district court ruled, holding that a federal law allowing the government to obtain some information without a warrant violates the Fourth Amendment.
In a one-page order upholding a magistrate judge’s decision, U.S. District Judge Lynn N. Hughes,…
Web-standards group releases draft “Do-Not-Track” mechanism
The group that develops technical standards and guidelines for the World Wide Web released a set of draft standards on Monday that are intended to allow consumers to limit and control how they are tracked online. The standards, developed by the World Wide Web Consortium (known as the “W3C”), would allow consumers to set a…
White House To Roll Out “Privacy Bill of Rights”
In a speech this week at the U.S. Chamber of Commerce, White House Deputy Chief Technology Officer for Internet Policy Daniel Weitzner announced that the Administration will soon roll out a “privacy bill of rights,” which he described as a “broad, high-level statement of principles” that could be enforced by the FTC. Weitzner emphasized…
APEC Approves Cross-Border Privacy Initiative
This past week, officials from the Asia-Pacific Economic Cooperative’s 21 member nations met in Honolulu to discuss a range of policy issues affecting the Asia-Pacific region. One development coming out of the meeting was the adoption by APEC of the Honolulu Declaration, which includes an endorsement of a self-regulatory, cross-border privacy program to promote…
FTC Settles Flash Cookie and COPPA Claims
Online advertiser ScanScout has entered into a consent agreement with the Federal Trade Commission in connection with claims it made that consumers could opt out of receiving targeted ads by changing their computer’s web browser settings to block cookies. According to the FTC, these claims were deceptive with respect to the use of so-called “…
Self-Regulatory Council Releases Enforcement Decisions
Earlier this week, the industry self-regulatory program set up by online advertisers to deal with reported privacy problems released decisions in its first six compliance cases. The Online Internet-Based Advertising Accountability Program, which was established in August, determines whether reported businesses are complying with the self-regulatory principles for online behavioral advertising. The Better Business Bureau…
DAA Releases “Self-Regulatory Principles for Multi-Site Data”
Yesterday, the Digital Advertising Alliance (DAA) announced the release of new “Self-Regulatory Principles for Multi-Site Data,” voluntary self-regulatory standards to govern the collection, use, and sharing of data concerning user activity across non-affiliated websites. The DAA, an umbrella organization for advertising trade groups, already maintains self-regulatory principles for online behavioral advertising (OBA). Notably,…