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1 Jan 2018, 4:05 pm
A preview of some of the UK internet legal developments that we can expect in 2018. Any future EU legislation will be subject to Brexit considerations and may or may not apply in the UK. EU copyright reform In 2016 the European Commission published proposals for a Directive on Copyright in the Digital Single Market. As it navigates the EU legislative process the proposal continues to excite controversy, mainly over the proposed publishers’ ancillary… [read post]
22 Aug 2023, 9:00 pm
College of Law Morigan Tuggle, Lauren Fleming and Favour Okhuevbie, Howard University School of Law Zaria Graham [read post]
22 Dec 2016, 7:58 pm
Teleflex Inc., 550 U.S. 398, 421(2007) (citing Graham v. John Deere Co., 383 U.S. 1, 36(1966)). [read post]
7 Jan 2015, 4:01 pm
Here are some EU and UK internet legal developments to look out for in 2015 (last year’s list here). I have also provided a list of Cyberlaw Memes and Themes for 2015. EU copyright reform The last European Commission closed its Public Consultation on EU copyright rules on 5 February 2014. The new Commission has announced that EU copyright modernisation will be a priority for 2015, as part of a Digital Single Market package. Copyright Private Copying Exception On 1 October 2014… [read post]
22 Jan 2017, 2:21 am
A preview of some of the UK internet legal developments that we can expect in 2017. Any proposed EU legislation will be subject to Brexit considerations and so may never happen in the UK. EU copyright reform In 2016 the European Commission published proposals for a Directive on Copyright in the Digital Single Market (widely viewed as being in the main internet-unfriendly), for a Regulation extending the country of origin provisions of the Satellite and Cable Broadcasting… [read post]
22 Dec 2022, 5:57 am
From what feels like time immemorial the UK government has paraded its proposed online harms legislation under the banner of ‘What is Illegal Offline is Illegal Online’. As a description of what is now the Online Safety Bill, the slogan is ill-fitting. The Bill contains nothing that extends to online behaviour a criminal offence that was previously limited to offline. That is for the simple reason that almost no such offences exist. An exception that proves the rule is the law… [read post]
3 Jan 2021, 4:01 pm
Seven years ago I started to take an annual look at what the coming year might hold for internet law in the UK. This exercise has always, perforce, included EU law. With Brexit now fully upon us future developments in EU law will no longer form part of UK law. Nevertheless, they remain potentially influential: not least, because the 2018 EU Withdrawal Act provides that UK courts may have regard to anything relevant done by the CJEU, another EU entity or the EU after 31 December. In any case I am… [read post]
19 Feb 2020, 4:06 pm
The abiding impression left by the government’s Initial Response to the Online Harms White Paper Consultation is that it is half-finished. Non-conclusions and conclusions sit side by side. Significant (or are they significant?) textual departures from the White Paper are left unexplained. Variations on the same text turn up in different parts of the document. Policy decisions pre-leaked to the press (notably fines on directors) have been deferred for further consideration.… [read post]
1 Jan 2020, 4:24 pm
Never mind Brexit, what is coming up on the UK internet legal scene in the coming year? The highlight of 2020 is of course the January publication of the 5th Edition of Internet Law and Regulation :-). That apart, here are some cases and legislation to look out for. (In accordance with long tradition this feature does not cover data protection). CopyrightDSM Copyright Directive Member States’ implementation of the Digital Single Market Copyright Directive is due by 7 June 2021. This includes… [read post]
12 May 2019, 5:06 am
Before the publication of the Online Harms White Paper on 8 April 2019 I proposed a Ten Point Rule of Law test to which it might usefully be subjected. The idea of the test is less to evaluate the substantive merits of the government’s proposal – you can find an analysis of those here – but more to determine whether it would satisfy fundamental rule of law requirements of certainty and precision, without which something that purports to be law… [read post]
28 Dec 2018, 4:17 pm
A bumper crop of pending litigation and legislative initiatives for the coming year (without even thinking about Brexit). EU copyright reform The proposed Directive on Copyright in the Digital Single Market is currently embroiled in trialogue discussions between Commission, Council and Parliament. It continues to excite controversy over the publishers’ ancillary right and the clash between Article 13 and the ECommerce Directive’s intermediary liability provisions. Political… [read post]
22 Oct 2018, 4:18 pm
Should social media platforms be subject to a statutory duty of care, akin to occupiers’ liability or health and safety, with the aim of protecting against online harms? In a series of blogposts and evidence to the House of Lords Communications Committee William Perrin and Professor Lorna Woods suggest that the answer should be yes. They say in their evidence: “A common comparison is that social media services are “like a publisher”. In our view the main… [read post]
27 Dec 2012, 7:15 am
Smith & Nephew, Inc., 688 F.3d 1342, 1367 (Fed. Cir. 2012) (internal citations omitted). [read post]
17 Jul 2012, 9:27 am
Discuss new subject heading proposal for "Legal systems"-Suzanne Graham (15 min.)C. [read post]
17 Mar 2009, 5:16 pm
The problem for Judge Graham, as succinctly divined by Judge Zloch, is that while Graham [read post]
11 Jan 2010, 5:10 am
Shuster of Kramon & Graham P.A., and Susan E. [read post]
19 Dec 2017, 9:33 am
Earlier this month, United States Senators Kirsten Gillibrand and Lindsey Graham introduced bipartisan [read post]
1 Aug 2014, 3:40 am
At breakneck speed and amidst considerable controversy the Data Retention and Investigatory Powers Act 2014 (DRIPA) became law in the UK on Thursday 17th July 2014, having been introduced as an emergency Bill on Monday 14 July 2014. The row about the rights and wrongs of using the fast track emergency Bill procedure will rumble on. Here we focus on what the Act actually does and its implications for providers of internet-related services in and to the UK. We also touch on forthcoming… [read post]
1 Jul 2021, 2:50 am
Can something that I write in this blog restrict someone else’s freedom of expression? According to the UK government, yes. In its Full Response to the Online Harms White Paper the government suggested that under the proposed legislation user redress mechanisms to be provided by platforms would enable users to “challenge content that unduly restricts their freedom of expression”. To anyone brought up on the traditional notion that a fundamental right of freedom of… [read post]
22 May 2017, 4:09 pm
Article 15 of the ECommerce Directive lays down the basic principle that EU Member States cannot impose a general obligation on internet intermediaries to monitor what people say online. We in the UK may have to start worrying for Article 15. It could easily be overlooked, or even deliberately left behind, when we start the process of converting EU to domestic UK law in preparation for leaving the EU. Article 15 is a strong candidate for the most significant piece of internet law in the UK and… [read post]
