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Graham Smith
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What will be in Investigatory Powers Act Version 1.2?
Never trust version 1.0 of any software. Wait until the bugs
have been ironed out, only then open your wallet. The same is becoming true of the UK’s surveillance legislation.   No sooner was the ink dry on the
Investigatory Powers Act 2016 (IP Act) than the...
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Take care with that social media duty of care
Should social media platforms be subject to a statutory duty
of care, akin to occupiers’ liability or health and safety, with the
aim of protecting against online harms? In a series of blogposts and evidence to the House of Lords Communications Committee Wi...
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A Lord Chamberlain for the internet? Thanks, but no thanks.
This summer marked the fiftieth anniversary of the Theatres Act 1968, the legislation that freed the theatres from the censorious hand of the Lord Chamberlain of Her Majesty’s Household. Thereafter theatres needed to concern themselves only with the general...
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Big Brother Watch v UK – implications for the Investigatory Powers Act?
Today I have been transported back in time, to that surreal period following the Snowden revelations in 2013 when anyone who knew anything about the previously obscure RIPA (Regulation of Investigatory Powers Act 2000) was in demand to explain how it was th...
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Regulating the internet – intermediaries to perpetrators
Nearly twenty five years after
the advent of the Web, and longer since the birth of the internet, we still
hear demands that the internet should be regulated - for all the world as if
people who use the internet were not already subject to the law. The May ...
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The Electronic Commerce Directive – a phantom demon?
Right now the ECommerce Directive – or at any rate the parts
that shield hosting intermediaries from liability for users’ content - is under
siege. The guns are blazing from all directions: The Prime Minister’s speech in Davos , Culture Secretary Matt Hanco...
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The IPAct data retention regime lives on (but will have to change before long)
The High Court gave judgment this morning on Liberty’s challenge
to the mandatory communications data retention provisions of the Investigatory
Powers Act (IPAct).  The big questions in the Liberty case were: What does the government have to do make the
IPA...
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It’s no laughing matter - the case for regulating humour
The fallout from the Count Dankula ‘Nazi pug’ video prosecution
shows no sign of abating.   While many
have condemned the conviction as an assault on freedom of speech, others are saying
that the law does not go far enough.   They
argue that the criminal la...
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Peaceful coexistence, jurisdiction and the internet
I am typing this on the transatlantic flight to Canada, destination
the Global Internet and Jurisdiction Conference in Ottawa (#OttawaGIJC).   This seems like a good time to set down some propositions
that, even if they do not command universal agreement, I...
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Illuminating the Investigatory Powers Act
As full implementation of the Investigatory Powers Act (IPAct)
draws closer we can usefully ponder some of its more ticklish points
of interpretation. These will serve to delineate the IPAct's powers, crystallise the legislation's procedural requirements an...
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