ISP to appeal against Belgian filter order

The Belgian ISP Association says that the trial judge did not examine the law closely enough. As reported previously in eLaw & Management, Scarlet was ordered to use software to scan peer-to-peer network traffic and block files identified as unauthorised copyrighted material. It was the first time in Europe that an ISP has been held responsible for the content of its subscribers\' traffic. ISPs are protected by laws deriving from the E-Commerce Directive, which protect such \'mere conduits’ from liability for the content of their traffic. The Belgian court\'s ruling challenges the limits of that protection. Full Out-Law.com report

An interesting opinion on illegal file-sharers comes from the senior legal advisor at the European Court of Justice, the EU’s highest court, who says copyright groups may not be able to demand telecom companies hand over the names and contact details of suspected illegal file-sharers, according to a Sydney Morning Herald report. Advocate-General Juliane Kokott said that EU law directs governments to resist the disclosure of personal data on Internet traffic in civil cases – unlike criminal cases, where compliance would be obligatory. A Spanish court, which is hearing a case in which Promusicae, a non-profit group of Spanish music producers, made a legal complaint against Internet provider, Telefonica, for not handing over the details of suspected file-sharers, had requested the guidance from the EU court. Kokott\'s legal opinion is meant to help judges at the EU court come up with a recommendation, which the Spanish court can use to rule on the case. The EU court decision could then be cited by other national courts throughout the 27-nation bloc. Full Sydney Morning Herald report

Moving to the US where non-profit group Electronic Frontier Foundation has warned Internet service providers against helping media groups by turning into \'copyright cops\', reports Heise Online. Fred von Lohmann, of the EFF, said that such behaviour can put one in a tricky bind. He said that providers would be dragged into an endless vicious circle of ever more intense, indiscriminate monitoring of Internet traffic – a result that would be bad for privacy and prevent technical innovation. Full Heise Online report