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On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books enables members of the public to search for terms within these books and view snippets of machine-readable text containing their search terms.

In 2004, Google entered into agreements with a number of the world’s major research libraries, pursuant to which Google was permitted to scan more than 20 million books submitted by those libraries in order to create an online index. Google’s aim was to enable members of the public to search for terms within the machine-readable text of each scanned book, in order to see if that book contained relevant material.  The Google Books search tool does not display advertising or otherwise cost members of the public money, and searches reveal only snippets of text surrounding the words or phrases searched. Publishers and authors sued Google for injunctive relief, claiming that the search and snippet view features of Google Books undermined the value of their copyrighted works.
Continue Reading Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

Italy’s Chamber of Deputies has proposed a ‘Draft Declaration of Internet Rights’ (Declaration), acknowledging both the way in which the internet has changed interactions and the way it has erased borders, but also noting that the EU’s protection of personal data is a necessary reference for governing operation of the internet. The Declaration is now open to public consultation until 27 February 2015.

The aim of the Declaration is to establish some general principles to be implemented by national legislation. It consists of a preamble and 14 articles covering topics including the fundamental right to internet access, net neutrality and right to be forgotten.

In particular, there is strong emphasis on the protection of the individual from widespread monitoring. Article 9 of the Declaration, for example, states that restrictions on anonymous communications “may be imposed only when based on the need to safeguard the public interest and are necessary, proportionate, and grounded in law and in accordance with the basic principles of a democratic society.”

This publication is not the first of its kind and follows the German Bundestag committee work on the ‘Digital Agenda’, France’s parliamentary committee report on Rights and Liberties in the Digital Age, and Brazil’s Marco Civil.Continue Reading Italy Releases Draft Declaration of Internet Rights

Turkey’s Parliament has approved Law No. 6563 on the Regulation of Electronic Commerce (Law) aimed at creating a more secure, transparent and accessible e-commerce environment. The Law is expected to come into force 1 May 2015.

The Law covers electronic communications, liabilities of service providers, contracts concluded electronically, and the information provided to consumers, as…

In July, the Brazilian Department of Consumer Protection and Defence (‘DPDC’) fined the telecom provider Oi 3.5 million reals ($1.59 million) for recording and selling its subscriber browser data in a case based on Brazilian consumer law dating back to 1990.

The DPDC investigated allegations that Oi had entered into an agreement with British online…

Hasn’t it been a busy week in Europe? The regulators seems to be falling over one another in a race to the top of privacy regulation. Targeted are web browsers and ‘do-not-track’ mechanisms, children’s internet privacy, banks, and the U.S.’s request for passenger data.

The European Commissioner Nellie Kroes came close to threatening the advertising industry when speaking at a recent workshop in Brussels. The EU is picking up the baton from the U.S. Federal Trade Commission in calling for a ‘Do Not Track’ standard to be in place by June of 2012. For those web browsers who either run or businesses who honour do-not-track, Commissioner Kroes says, “But this is not enough. Citizens need to be sure what exactly companies commit to if they say they honour do not track. … If I don’t see a speedy and satisfactory development, I will not hesitate to employ all available means to ensure our citizens’ right to privacy.”Continue Reading A busy week in Europe: Do Not Track, Children’s Internet Privacy, Data Breach Notification and Transfers of Passenger Record Data