The Competence of the European Union in Copyright Lawmaking

competence-of-eu-in-copyright-lawmakingBook launch event at the IALS
6pm – 8pm, 15 Dec 2016

Register online at Eventbrite to book your free ticket

Speaker: Dr Ana Ramalho, Assistant Professor of Intellectual Property, Maastricht University

Discussant: Professor Lionel Bently, Herchel Smith Professor of Intellectual Property and Director of the Centre for Intellectual Property and Information Law, University of Cambridge.

In this seminar Ana Ramalho will discuss her new book, which inquires into the competence of the EU to legislate in the field of copyright and uses content analysis techniques to demonstrate the existence of a normative gap in copyright lawmaking.

To address that gap Ana Ramalho proposes the creation of benchmarks of legislative activity, reasoning that EU secondary legislation, such as directives and regulations, should be based on higher sources of law.

In the book she investigates two such possible sources: the activity of the EU Court of Justice in the pre-legislative era and the EU treaties. From these sources Ana Ramalho establishes concrete benchmarks of legislative activity, which she then tests by applying them to current EU copyright legislation.

This provides examples of good and bad practices in copyright lawmaking and also shows how the benchmarks could be implemented in copyright legislation. Finally, Ana Ramalho offers some recommendations in this regard.

This seminar will be followed by the book launch of “The Competence of the European Union in Copyright Lawmaking: A Normative Perspective of EU Powers for Copyright Harmonization” by Ana Ramalho

How the UK passed the most invasive surveillance law in democratic history

IPBill image

In this guest post, Paul Bernal, Lecturer in Information Technology, Intellectual Property and Media Law at the University of East Anglia, reflects on the passage of the Investigatory Powers Bill. The legislation was recently passed in Parliament and given Royal Assent on 29 November 2016.

You might not have noticed thanks to world events, but the UK parliament recently approved the government’s so-called Snooper’s Charter and it has now become law. This nickname for the Investigatory Powers Bill is well earned. It represents a new level and nature of surveillance that goes beyond anything previously set out in law in a democratic society. It is not a modernisation of existing law, but something qualitatively different, something that intrudes upon every UK citizen’s life in a way that would even a decade ago have been inconceivable. Continue reading

Information Law and Policy Centre’s annual workshop highlights new challenges in balancing competing human rights

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Our annual workshop and lecture – held earlier this month – brought together a wide range of legal academics, lawyers, policy-makers and interested parties to discuss the future of human rights and digital information control.

A number of key themes emerged in our panel sessions including the tensions present in balancing Article 8 and Article 10 rights; the new algorithmic and informational power of commercial actors; the challenges for law enforcement; the liability of online intermediaries; and future technological developments.

The following write up of the event offers a very brief summary report of each panel and of Rosemary Jay’s evening lecture.

Morning Session

Panel A: Social media, online privacy and shaming

Helen James and Emma Nottingham (University of Winchester) began the panel by presenting their research into the legal and ethical issues raised by the depiction of young children in broadcast TV programmes such as The Secret Life of 4, 5 and 6 Year Olds. They were also concerned with the live-tweeting which accompanied these programmes, noting that very abusive tweets could be directed towards children taking part in the programmes.

Continue reading

Open letter in the Daily Telegraph: Concerns with ‘information sharing’ provisions in the Digital Economy Bill

Associate research fellow at the Information Law and Policy Centre and lecturer in media and information law at the University of Sussex, Dr Judith Townend, is among the signatories of this letter published on the letters page of the Telegraph on 25/11/2016 [subscription required].

SIR – We wish to highlight concerns with “information sharing” provisions in the Digital Economy Bill.

The Bill puts government ministers in control of citizens’ personal data, a significant change in the relationship between citizen and state. It means that personal data provided to one part of government can be shared with other parts of government and private‑sector companies without citizens’ knowledge or consent.

Government should be strengthening, not weakening, the protection of sensitive information, particularly given the almost daily reports of hacks and leaks of personal data. Legal and technical safeguards need to be embedded within the Bill to ensure citizens’ trust. There must be clear guidance for officials, and mechanisms by which they and the organisations with whom they share information can be held to account.

The Government’s intention is to improve the wellbeing of citizens, and to prevent fraud. This makes it especially important that sensitive personal details, such as income or disability, cannot be misappropriated or misused – finding their way into the hands of payday-loan companies, for example. Information sharing could exacerbate the difficulties faced by the most vulnerable in society.

The Government should be an exemplar in ensuring the security and protection of citizens’ personal data. If the necessary technical and legal safeguards cannot be embedded in the current Bill and codes of practice, we respectfully urge the Government to remove its personal data sharing proposals in their entirety.

Dr Jerry Fishenden
Co-Chairman, Cabinet Office Privacy and Consumer Advisory Group (PCAG)

Renate Samson
Chief Executive, Big Brother Watch

Ian Taylor
Director, Association of British Drivers

Jo Glanville
Director, English PEN

Jodie Ginsberg
Chief Executive Officer, Index on Censorship

Dr Edgar Whitley
Co-Chairman, Cabinet Office PCAG and London School of Economics and Political Science

David Evans
Director of Policy, BCS – The Chartered Institute for IT

Dr Gus Hosein
Executive Director, Privacy International and Member of Cabinet Office PCAG

Rachel Coldicutt
Chief Executive Officer, Doteveryone

Roger Darlington
Chairman, Consumer Forum for Communications

Dr Kieron O’Hara
Associate Professor Electronics and Computer Science, University of Southampton.

Professor Angela Sasse
Head of Information Security Research, University College London and Member of Cabinet Office PCAG

Dr Judith Townend
Lecturer in Media and Information Law, University of Sussex

Dr Louise Bennett
Chairman, BCS Security Group and Member of Cabinet Office PCAG

StJohn Deakins
Chief Executive Officer, CitizenMe

Rory Broomfield
Director, The Freedom Association

Sarah Gold
Director and Founder, Projects by IF

Jim Killock
Director, Open Rights Group

Guy Herbert
General Secretary, NO2ID and Member of Cabinet Office PCAG

Dr George Danezis
Professor of Security and Privacy Engineering, University College London and Member of Cabinet Office PCAG

Jamie Grace
Senior Lecturer in Law, Sheffield Hallam University

Eric King
Visiting Professor, Queen Mary University

Josie Appleton
Director, Manifesto Club

Jen Persson
Co-ordinator, Defend Digital Me

Dr Chris Pounder
Director, Amberhawk and Member of Cabinet Office PCAG

Sam Smith
medConfidential and Member of Cabinet Office PCAG

Access to information should not be an after-thought in plans for ‘transforming our justice system’

In this post, Sussex University lecturer Judith Townend argues that access to information should be at the heart of plans to reform the justice system. She summarises the key points from her submission to the Ministry of Justice in response to the consultation on the proposed reforms. The post first appeared on the Transparency Project website. 

Transforming justice - access to justiceOn 15th September 2016 the Ministry of Justice opened its consultation into “Transforming Our Justice System”. The 36 page document, accompanied by a statement by the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals, sets out a “vision” for a radical overhaul and major financial investment in courts and tribunals in England and Wales. The plans for reform include more use of case officers for routine tasks, more decisions made “on the papers” (where a judge can consider representations without a physical hearing), more virtual hearings, and more cases resolved out of court.

The consultation document concentrated on some specific areas of reform including its “assisted digital” strategy (to help users access services), and online conviction and statutory fixed fine plans. The latter would allow for certain routine, low-level summary, non-imprisonable offences with no identifiable victim to be resolved entirely online, whereby a defendant would enter their plea to an online system. If that’s a guilty plea they would be able to view the penalty, accept the conviction and penalty, and pay their fine.

Responses were sought on online convictions and the “assisted digital” strategy by 10th November (extended after an administrative error). It is likely that many of the responses will focus on the access to justice issues and the risks of an online plea system; research by the charity Transform Justice, for example, indicates that “many unrepresented defendants do not understand whether they are guilty or innocent in legal terms – whether they have a valid defence – and certainly don’t understand the full implications of each option”.

However, there’s another major issue which is overlooked in the consultation, that of access to courts and tribunals by members of the public who are not necessarily directly involved with proceedings — this includes members of the media, NGOs and universities, but also ordinary people who wish to observe proceedings and access the information to which they are legitimately entitled.

Although the consultation document contains a pledge that the judiciary and government will “continue to ensure open justice”, access to proceedings and materials is not explored in any detail in relation to the specific reforms outlines on online convictions and “assisted digital”. It states the “principle of open justice will be upheld and the public will still be able to see and hear real-time hearings, whilst we continue to protect the privacy of the vulnerable” (p.5). This sentence points to a very important tension in complex digital environments, and one that needs overt recognition and detailed consideration when designing new access systems for online court procedures in both civil and criminal contexts.

There is mention of “transparency” in the joint statement (p.10) but only in relation to general data about proceedings (i.e. statistics) rather than with regard to access to proceedings. The Impact Assessment on Online Convictions mentions that “Listings and results would be published” (p.5, para 23) with no indication of whether this means to the open web (indefinitely?), or in a physical courtroom. If they intend to publish the full listings for all these summary only non-imprisonable offences to the open web, it is very important that the judiciary and MoJ consider the legal and societal implication of this — it is not something that has previously been done so systematically by the court.

Given that many major criminal convictions are unreported by the media owing to a lack of resource or interest, we could end up in a strange situation where there is greater access via online search for far less serious offences and this must be considered in the context of issues such as equal opportunities and potential barriers to work, as well as open justice and transparency. The MoJ, HMCTS and Judiciary should investigate a range of technological options for sharing data from courts and tribunals and should open these proposals to scrutiny through stakeholder research and official consultation.

In the annual University of Sussex Draper Lecture 2016 in London this week (8 November), Lord Justice Fulford* said that one option being considered was to provide viewing centres in public buildings, but these were early days and they were still looking for imaginative solutions. It would seem perverse, given the overall agenda of the reforms, for the courts not to consider digital access options that do not require physical travel to court.  

On behalf of the Transparency Project I have written a submission to the consultation, raising our overall concern about the lack of attention given to open justice and access to information in these initial documents. Our submission urges the Ministry of Justice and Judiciary to provide more detail on their specific plans for physical and digital access to virtual proceedings and to open these plans to further consultation. Too often, public access to courts information is an afterthought, which leads to mistakes such as the inadvertent release of sensitive and confidential data, or insufficient information and access being made available.

*Unfortunately I was unable to attend the lecture but it was reported by TP member Paul Magrath here and the Law Society Gazette here.

Judith Townend is a lecturer in media and information law at the University of Sussex and a member of the Transparency Project Core Group. She is the former Director of the Information Law and Policy Centre. 

Photo: Steph GrayCC BY-SA 2.0

Article 19 event: 250 years of freedom of information

Freedom of Information Act Sweden and Finland 1766

On 2 December 1766, the world’s first-ever freedom of information law was signed into law. It had been promulgated by the Riksdag – Parliament – of Sweden and Finland, which at the time was one country.

The 1766 Law is the oldest constitution to regulate freedom of information in the world and is thus celebrating its 250th anniversary in 2016.

It pioneered public access to state information, making what was then Sweden and Finland the first country in the world to officially instigate a Right to Information law.

The aim of this event is to commemorate, celebrate and scrutinise the adoption of this law as well as to discuss its relevance and significance today, in a national as well as in a global context.

The Article 19 event will be held at the Free Word Centre with the support of the Information Law and Policy Centre at the IALS on Thursday 8th December, 2.30pm – 8.30pm.

It is comprised of two moderated discussions and a panel discussion in the format of a conversation, and will end with a drinks and canapés reception for all participants after the panel discussion.

BOOKING

Please note: You will need to book for each event separately.
Please visit this page to book the afternoon moderated discussions.
Please visit this page to book the evening panel discussion.

AFTERNOON MODERATED DISCUSSIONS
2.30pm – 5.15pm

Session 1: Freedom of Information Act (FOI) in the UK and Europe

In the first session the current challenges as well as possibilities of the Freedom of Information Act, both in a UK and European context, will be discussed with:

Maurice Frankel, Director, and Des Wilson, Founder, of Campaign for Freedom of Information (CFOI) – the organisation that, in 1984, was founded to secure a legal right to public-held information.

Helen Darbishire Director of Access Info Europe – dedicated to promoting and protecting the right of access to information particularly in European countries and institutions.

The session will be moderated by James Michael, Chair of the Advisory Board at the Information Law and Policy Centre (IALS) and Special Adviser to the House of Lords Committee considering the Freedom of Information Bill pre-2000.

Session 2: Freedom of Information Law – The Swedish/Finnish history

In the second session the history, development and legacy of the Freedom of Information Act in Sweden and Finland, will be discussed with:

Jonas Nordin from the Royal National Library, Stockholm – a Historian and Senior Lecturer who, earlier this year, published a history of the Swedish/Finnish Freedom of Information Act.

Peter Hogg, former Head of the Scandinavian Section at the British Library and translator of the first ever translation of the TF Law into English in 2006.

Ian Giles from the Scandinavian Studies Department at the University of Edinburgh, one of the translators of the second translation into English of the 1766 Law (October 2016).

Toby Mendel, Executive Director of the Center for Law and Democracy, Halifax, Canada and author of a range of books on freedom of information, including comparative and analytical studies on the right to information and international FOI consultant.

The session will be moderated by Ben Worthy from Birkbeck College, University of London. Ben is a lecturer in politics who has authored many works on freedom of information.

EVENING PANEL DISCUSSION
6.00pm – 8.30pm

The evening panel discussion will be presented in the format of a conversation. It will be moderated by the BBC’s Nicola Cain and will include the UK’s new Information Commissioner Elizabeth Denham, who will cover the contemporary issues, challenges and opportunities presented by living with FOI laws – and what the future may hold.

Speakers

Nicola Cain, BBC Head of Legal – Freedom of Information & Contentious Data Protection who deals with FOI requests and appeals.

Elizabeth Denham, UK Information Commissioner – independent regulatory office dealing with the UK Freedom of Information law.

Lord James Wallace of Tankerness, former member of the Scottish Government who piloted the Freedom of Information Act through the Scottish Parliament.

With thanks to the Information Law and Policy Centre, the Embassy of Sweden and the Embassy of Finland.

Social media and crime: the good, the bad and the ugly

social media and crime

Social media has revolutionised how we communicate. As part of a series for The Conversation, Alyce McGovern, UNSW Australia and Sanja Milivojevic, La Trobe University summarise how social media is affecting crime and criminal justice.  


The popularity of social media platforms such as Facebook, Twitter and Snapchat have transformed the way we understand and experience crime and victimisation.

Previously, it’s been thought that people form their opinions about crime from what they see or read in the media. But with social media taking over as our preferred news source, how do these new platforms impact our understanding of crime?

Social media has also created new concerns in relation to crime itself. Victimisation on social media platforms is not uncommon.

However, it is not all bad news. Social media has created new opportunities for criminal justice agencies to solve crimes, among other things.

Thus, like many other advancements in communication technology, social media has a good, a bad and an ugly side when it comes to its relationship with criminal justice and the law. Continue reading

‘Tracking People’ research network established

Tracking People Research NetworkA new research network has been established to investigate the legal, ethical, social and technical issues which arise from the use of wearable, non-removable tagging and tracking devices.

According to the network’s website, tracking devices are increasingly being used to monitor a range of individuals including “offenders, mental health patients, dementia patients, young people in care, immigrants and suspected terrorists”.

The interdisciplinary network is being hosted at the University of Leeds and aims to foster “new empirical, conceptual, theoretical and practical insights into the use of tracking devices”.

The network is being coordinated by Professor Anthea Hucklesby and Dr Kevin MacNish. It will bring together academics, designers, policy-makers and practitioners to explore critical issues such as:

  • privacy;
  • ethics;
  • data protection;
  • efficiency and effectiveness;
  • the efficacy and suitability of the equipment design;
  • the involvement of the private sector as providers and operators;
  • the potential for discriminatory use.

Readers of the Information Law and Policy Centre blog might be particularly interested in a seminar event scheduled for April 2017 which will consider the “legal and ethical issues arising from actual and potential uses of tracking devices across a range of contexts”.

For further information, check out the network’s website or email the team to join the network.

Full Programme: Annual Workshop and Evening Lecture

Restricted and Redacted: Where now for human rights and digital information control?

The full programme for the Information Law and Policy Centre’s annual workshop and lecture on Wednesday 9th November 2016 is now available (see below).

For both events, attendance will be free of charge thanks to the support of the IALS and our sponsor, Bloomsbury’s Communications Law journal.

To register for the afternoon workshop please visit this Eventbrite page.
To register for the evening lecture please visit this Eventbrite Page.

Please note that for administrative purposes you will need to book separate tickets for the afternoon and evening events if you would like to come to both events.

PROGRAMME

10.45am: REGISTRATION AND COFFEE 

11.15am: Welcome

  • Judith Townend, University of Sussex
  • Paul Wragg, University of Leeds
  • Julian Harris, Institute of Advanced Legal Studies, University of London

11.30am-1pm: PANEL 1 – choice between A and B

Panel A: Social media, online privacy and shaming

Chair: Asma Vranaki, Queen Mary University of London

  1. David Mangan, City, University of London, Dissecting Social Media: Audience and Authorship
  2. Marion Oswald, Helen James, Emma Nottingham, University of Winchester, The not-so-secret life of five year olds: Legal and ethical issues relating to disclosure of information and the depiction of children on broadcast and social media
  3. Maria Run Bjarnadottir, Ministry of the Interior in Iceland, University of Sussex, Does the internet limit human rights protection? The case of revenge porn
  4. Tara Beattie, University of Durham, Censoring online sexuality – A non-heteronormative, feminist perspective

Panel B: Access to Information and protecting the public interest

Chair: Judith Townend, University of Sussex

  1. Ellen P. Goodman, Rutgers University, Obstacles to Using Freedom of Information Laws to Unpack Public/Private Deployments of Algorithmic Reasoning in the Public Sphere
  2. Felipe Romero-Moreno, University of Hertfordshire, ‘Notice and staydown’, the use of content identification and filtering technology posing a fundamental threat to human rights
  3. Vigjilenca Abazi, Maastricht University, Mapping Whistleblowing Protection in Europe: Information Flows in the Public Interest

1-2pm: LUNCH 

2-3.30pm: PANEL 2 – choice between A and B

Panel A: Data protection and surveillance

Chair: Nora Ni Loideain, University of Cambridge

  1. Jiahong Chen, University of Edinburgh, How the Best Laid Plans Go Awry: The (Unsolved) Issues of Applicable Law in the General Data Protection Regulation
  2. Jessica Cruzatti-Flavius, University of Massachusetts, The Human Hard Drive: Name Erasure and the Rebranding of Human Beings
  3. Wenlong Li, University of Edinburgh, Right to Data Portability (RDP)
  4. Ewan Sutherland, Wits University, Wire-tapping in the regulatory state – changing times, changing mores

Panel B: Technology, power and governance

Chair: Chris Marsden, University of Sussex

  1. Monica Horten, London School of Economics, How Internet structures create closure for freedom of expression – an exploration of human rights online in the context of structural power theory
  2. Perry Keller, King’s College, London, Bringing algorithmic governance to the smart city
  3. Marion Oswald, University of Winchester and Jamie Grace, Sheffield Hallam University, Intelligence, policing and the use of algorithmic analysis – initial conclusions from a survey of UK police forces using freedom of information requests as a research methodology
  4. Alison Holmes, Kent University, Private Actor or Public Authority? How the Status of Communications Service Providers affects Human Rights

3.30-5pm: PANEL 3 – choice between A and B

Panel A: Intermediary Liability

Chair: Christina Angelopoulos, University of Cambridge

  1. Judit Bayer, Miskolc University, Freedom and Diversity on the Internet: Liability of Intermediaries for Third Party Content
  2. Mélanie Dulong de Rosnay, Félix Tréguer, CNRS-Sorbonne Institute for Communication Sciences and Federica Giovanella, University of Trento, Intermediary Liability and Community Wireless Networks Design Shaping
  3. David Rolph, University of Sydney, Liability of Search Engines for Publication of Defamatory Matter: An Australian Perspective

Panel B: Privacy and anonymity online

Chair: Paul Wragg, University of Leeds

  1. Gavin Phillipson, University of Durham, Threesome injuncted: has the Supreme Court turned the tide against the media in online privacy cases?
  2. Fiona Brimblecombe, University of Durham, European Privacy Law
  3. James Griffin, University of Exeter and Annika Jones, University of Durham, The future of privacy in a world of 3D printing

5-6pm: TEA BREAK / STRETCH YOUR LEGS

6-8pm: EVENING LECTURE AND DRINKS

Lecture Title: Heads and shoulders, knees and toes (and eyes and ears and mouth and nose…): The impact of the General Data Protection Regulation on use of biometrics.

Biometrics are touted as one of the next big things in the connected world. Specific reference to biometrics and genetic data has been included for the first time in the General Data Protection Regulation. How does this affect existing provisions? Will the impact of the Regulation be to encourage or to restrict the development of biometric technology?

  • Speaker: Rosemary Jay, Senior Consultant Attorney at Hunton & Williams and author of Sweet & Maxwell’s Data Protection Law & Practice.
  • Chair: Professor Lorna Woods, University of Essex
  • Respondents: Professor Andrea Matwyshyn, Northeastern University and Mr James Michael, IALS

EU Copyright Reform: Outside the Safe Harbours, Intermediary Liability Capsizes into Incoherence

In the following piece, Christina Angelopoulos, lecturer in intellectual property law at the University of Cambridge, analyses the aspects of the Commission’s new proposal for the digital single market directive that are relevant to intermediary liability. The post was originally published on the Kluwer Copyright Blog.

As has by now been extensively reported, on 14th September the European Commission released its new copyright reform package. Prominent within this is its proposal for a new Directive on Copyright in the Digital Single Market.

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The proposal contains an array of controversial offerings, but from the perspective of this intermediary liability blogger, the most interesting provision is the proposed Article 13 on ‘Certain uses of protected content by online services’. This is highly problematic in a number of different ways.

The Supposed Problem

As the Communication on a fair, efficient and competitive European copyright-based economy in the Digital Single Market (which was released in parallel to the proposal) explains, the new Article 13 is intended to address what in Brussels parlance over the past year has come to be termed the ‘value gap’. This refers to the idea that revenues generated from the online use of copyright-protected content are being unfairly distributed between the different players in the value chain of online publishing. A distinction is usually drawn in this regard between ad-funded platforms, such as YouTube, Dailymotion and Vimeo, and subscription-funded platforms, such as Spotify or Netflix. While the latter require the consent of copyright-holders to operate legally, the business model of the former revolves around user-created content (UCC). As a result, they tend to focus not on copyright licensing, but on notice-and-takedown systems, which allow them to tackle any unwanted infringements of copyright snuck onto their websites by their users. [To continue reading this post on the Kluwer Copyright Blog, click here.]