CNIL orders Google to apply delisting on all domain names of the search engine
Fri 12 Jun 2015, 12:16

CNIL received hundreds of complaints following Google’s refusals to carry out delisting on Internet links (or URL).

Following the assessment of the complaints, the CNIL has requested Google to carry out the delisting of several results. It was expressly requested that the delisting should be effective on whole search engine, irrespective of the extension used (.fr; .uk; .com …).

Although the company has granted some of the requests, delisting was only carried out on European extensions of the search engine and not when searches are made from “google.com” or other non-European extensions. In this context, the President of the CNIL has put Google on notice to proceed, within a period of fifteen (15) days, to the requested delisting on the whole data processing and thus on all extensions of the search engine.

ECtHR decision: Commercial websites could be liable for users’ comments
Tue 16 Jun 2015, 20:00

The European Court of Human Rights (ECtHR) has ruled that the Estonian news site Delfi may be held responsible for anonymous and allegedly defamatory comments from its readers. This goes against the European Union’s e-commerce directive, which guarantees liability protection for intermediaries that implement notice-and-takedown mechanisms on third-party comments.

Therefore, one of the worrying aspects of the ECtHR decision is that it may encourage the idea that intermediaries are liable for "manifestly unlawful" content, without specifying what "manifestly unlawful" actually means.

Status update on data retention in the EU following the CJEU ruling (April 2015)
Wed 29 Jul 2015, 12:54

In December 2014 ORG prepared a table showing the status of data retention in the EU, following the CJEU's decision in the Digital Rights Ireland case. We have now updated the table to show the position in April 2015.

The table can be found here.

Sentence of the Court of Rome about IPR of a photo on Facebook
Thu 11 Jun 2015, 16:46

The IX Session of the Court of Rome made a decision condemning a newspaper, which had published a photo taken from Facebook, without recognizing the property rights of the photo author. The Court established that a person, who publishes photos on his/her Facebook page retains his/her property right on such photos.

UK court rules surveillance law unconstitutional
Mon 20 Jul 2015, 16:40

The controversial surveillance legislation discussed last summer in the UK parliament has been ruled unlawful by the UK High Court.  The court argued that the vague terms and descriptions of powers in the Data Retention and Investigatory Powers Act 2014 (DRIPA) renders the act incompatible with human rights under European law.

US court: copyright owners must consider fair use in online takedowns
Tue 15 Sep 2015, 10:29

A federal appeals court in San Francisco today affirmed that copyright holders must consider whether a use of material is fair before sending a takedown notice. The ruling came in Lenz v. Universal, often called the “dancing baby” lawsuit.