Profile cover photo
Profile photo
Graham Smith
Graham Smith's posts

Post has attachment
Worldwide search de-indexing orders: Google v Equustek
The Supreme Court of Canada has issued its decision in Google Inc v Equustek (28 June 2017). This is the case in which a small Canadian technology company, Equustek, asked the Canadian courts to grant an injunction against the well-known US search engine or...

Post has attachment
Squaring the circle of end to end encryption
Eager student: Encryption seems to be back in the news. Why has this come up again? Scholarly lawyer: It never really went away. Ever since David Cameron sounded off about encryption before
meeting Barack Obama in January 2015 it’s been bubbling under. ES: ...

Post has attachment
Time to speak up for Article 15
Article 15 of the ECommerce Directive lays down the basic principle that EU Member States cannot impose a general obligation on internet intermediaries to monitor what people say online. We in the UK may have to start worrying for Article 15. It could easil...

Post has attachment
Back doors, black boxes and #IPAct technical capability regulations
The Home Office has launched an under-the-radar consultation on a critical step in the implementation of the Investigatory Powers Act (IPAct): the regulations on technical capability notices. The Open Rights Group has recently revealed details of the propos...

Post has attachment
Internet legal developments to look out for in 2017
A preview of some of the UK internet legal developments that we can expect in 2017. Anything emanating from the EU is subject to Brexit and so may never happen in the UK. EU copyright reform In 2016 the European Commission published proposals for a Directiv...

Post has attachment
Cyberleagle on Surveillance
For over two years I have been blogging on surveillance, a topic that cuckoo-like has grown to crowd out most other IT and internet law topics on the blog.  With the Investigatory Powers Act now on the statute book, this seems like a good moment to catalogu...

Post has attachment
The Investigatory Powers Act - swan or turkey?
The Investigatory Powers Bill, now the newly minted Investigatory Powers Act , has probably undergone more scrutiny than any legislation in recent memory. Rarely, though, can the need for scrutiny have been so great.   Over 300 pages make up what then Prime...

Post has attachment
Investigatory Powers Act 2016 Christmas Quiz
Now that the Investigatory Powers Bill has received Royal Assent, here is a Christmas quiz on the IPAct and its history.  For some questions the answer is precise, others may be less so. For some the correct answer may be “we don’t know”. Answers in the New...

Post has attachment
Svensson and GS Media - Free to link or link at your risk?
This is a revised edition of my February 2014 post , which was published immediately after the CJEU's Svensson decision on copyright and linking.  This new version weaves in the 8 September 2016 judgment of the CJEU in GS Media  (commentary on GS Media and ...

Post has attachment
A trim for bulk powers?
David Anderson Q.C.’s Bulk Powers Review made only one
formal recommendation (a Technical Advisory Panel to assist the proposed
Investigatory Powers Commission). However the report drops a tantalising hint
of the debate that might have taken place if the Re...
Wait while more posts are being loaded