The First Circuit Court of appeals has affirmed that specific personal jurisdiction must be based on defendants’ intentional conduct. In affirming the dismissal of a consumer class action that alleged “wiretapping” claims based on ordinary website activity, the federal appeals court’s decision reflects growing judicial skepticism toward the proliferation of class action claims applying

Many online platforms are using verification tools to address the broader concern of trustworthiness and credibility on the Internet. With a general move toward a “verified internet,” these online platforms are looking at new verification measures, including facial recognition and other biometric technology. The online adult video platform Pornhub announced last week that it will be introducing biometric technology to verify users who upload videos. In a statement, Pornhub explained that verification will be done by Yoti, a digital identity verification company, “by providing a current photo and government-approved identification document.”

Yoti advertises that it is a “privacy driven” verification solution. The company is a conduit between consumers and the platform owners, like Pornhub. Essentially, a consumer will provide Yoti with their biometric identifier, such as a video or voice recording, plus their government identification. Yoti will then verify that data for the platform owner, such as Pornhub. Pornhub will not see that information, but will rely on the verification to allow the consumer to access their site.
Continue Reading Use of biometric technology is latest trend toward a verified internet

Avid readers of this blog (and we trust there are many of you!) will recall that the UK government recently published a white paper. The white paper sets out the UK government’s approach to regulating the internet to tackle online harms. The Information Commissioner’s Office (ICO) has just published the Information Commissioner’s (Commissioner) full

Britain’s data protection and broadcasting regulators, the Information Commissioner’s Office and Ofcom, have published a joint Report looking into internet users’ concerns about online harms. The British government’s recently published White Paper, which outlined its approach for regulating the internet to tackle online harms, was informed by this Report.

Methodology

Over 3,000 interviews were

The UK government recently published its response (Government Response) to a House of Lords committee report (Committee Report) discussing prospective regulation of digital services facilitated by the internet.

The Government Response largely accepts the key recommendations of the Committee Report, and finds the Committee Report is closely aligned with the government’s

Addressing an issue of first impression, the Pennsylvania Superior Court ruled last week that a venue analysis dating to 1967 focusing on the location of dissemination of allegedly defamatory newspapers applied to online defamation suits as well.  As a result, the proper venue for Pennsylvania defamation suits based on website content is any county where a third party who knows the plaintiff personally reads the content and understands it to be harmful to the plaintiff’s reputation. The ruling enlarges the potential venue options for defamation plaintiffs and could lead to website publishers and social media posters being sued in any county in Pennsylvania.
Continue Reading Pennsylvania Superior Court holds county where reputational harm occurs is proper venue for Internet defamation suits, confirming 50-year-old inquiry applies to website-based claims

After soliciting public comments since last November, the Chinese Ministry of Public Security (MPS) published the finalized Guideline for Internet Personal Information Security Protection (Guideline) on April 10, 2019. The Guideline applies to Personal Information Holders, defined as entities or individuals that “control and process personal information” through their provision of services using the Internet,

The UK Government has published a White Paper outlining its approach towards regulating the internet to tackle online harms.

The White Paper cites a study carried out by the UK’s communications regulator (Ofcom) and data protection regulator (Information Commissioner’s Office (ICO)). The study found that nearly one in four British adults suffered harm from either online content or their interactions online. Regulatory and voluntary initiatives currently dealing with online harms were identified by the UK Government as not going far enough or being inconsistently enforced.

Online harm

The White Paper broadly identified what would be considered an online harm. These include activities and content involving:

  • child sexual exploitation and abuse (CSEA)
  • terrorism
  • harassment
  • disinformation
  • encouragement of self-harm and/or suicide
  • online abuse of public figures
  • interference with legal proceedings
  • cyber-bullying
  • children accessing inappropriate content

Continue Reading Sense or censorship? UK government publishes White Paper on tackling online harms

The Select Committee on Communications of the House of Lords (Committee) published a report discussing UK regulation of ‘digital services facilitated by the internet’.

We summarise some of the key recommendations of the report, which was published on 9 March 2019:

1. A central regulatory body called the Digital Authority should be set up to co-ordinate internet regulation.

2. All future internet regulation should be informed by 10 common principles:

  • Parity: ensuring online and offline regulation offer equivalent protection for individuals.
  • Accountability: digital actors are to be held to account.
  • Transparency: powerful digital actors should be open to scrutiny.
  • Openness: facilitate innovation and choice for users.
  • Privacy: ensure that regulation closes the gap between policy and user expectations about data protection and data privacy.
  • Ethical design: ethical standards should be incorporated into the design of technology and delivered by default.
  • Recognition of childhood: protect children and ensure accessibility.
  • Respect for human rights and equality: safeguard freedom of expression.
  • Education and awareness-raising: promote digital literacy.
  • Democratic accountability, proportionality and evidence-based approach: ensure that regulation is evidence based and prevents harm while balancing against the right to freedom of expression.

Continue Reading Regulating digital services – UK parliament weighs in

Earlier this year the UK Department for Digital, Culture, Media & Sport published its new Digital Charter. This short document outlines a UK rolling programme of work designed to make the UK a friendly environment to start-up and grow digital businesses. It is also designed to make the UK a safe place to be online. The charter will be updated as the government’s programme of work changes in response to technological advancements.

The goal of the charter is to establish rules and norms for the online world that can be put into practice.

Digital Charter

The principles outlined in the charter, guiding the government’s work, are:

  • the internet should be free, open and accessible;
  • people should understand the rules that apply to them when they are online;
  • personal data should be respected and used appropriately;
  • protections should be in place to help keep people safe online, especially children;
  • the same rights that people have offline must be protected online; and
  • social and economic benefits brought by new technologies should be fairly shared.

Continue Reading UK government publishes the Digital Charter and reaffirms creation of the Centre for Data Ethics and Innovation