Enabling freedom of expression in light of filtering measures imposed on Internet intermediaries: Squaring the circle?

This study considers the scope of the injunction a court may issue against an intermediary service provider with a view to preventing or terminating an infringement, particularly of an intellectual property right. The matter is studied in the light of the aim shared by the European Union and the Council of Europe to promote freedom of expression via communication networks. Despite technological progress and the emergence of software that are increasingly precise and ever better controlled in terms of their effects, implementation of a filtering measure appears difficult to reconcile with the right to freedom of expression. Consequently, the problematic comes down to this question: how do we do enough without doing too much?     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal’s feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Are Internet protocol addresses personal data? The fight against online copyright infringement

Internet Protocol addresses [IP addresses] are central for Internet electronic communications. They individualize computers and their users to make the delivery of data packets possible. IP addresses are also often used to identify websurfers for litigation purposes. In particular, they constitute a key in the fight against online copyright infringement to identify infringers. However, it is a matter of dispute to know if IP addresses are personal data. In a review of relevant case law, the present paper seeks to identify when IP addresses are - or should be - considered as personal data. It suggests a contextual approach to the concept of personal data.     

New challenges for copyright protection - Co-Reach in IPR in New Media Workshop II

The Co-Reach IPR in New Media organised a workshop on ISP Liability in London on December 7, 2010 and an EU-China Copyright Policy meeting in Vienna from December 9-12, 2010. The Workshops come at the crucial time when new regulations are being crafted to tighten copyright protection in cyberspace.     

对公安机关开展网上舆情引导工作的探析

基于互联网高速发展而生成的网络舆论,在社会舆论中发挥着较大的作用,其折射出的社会现象和现实冲突也对社会稳定和管理产生越来越大的影响。公安机关要在不断做强网络舆论引导工作的同时,积极探索方式方法,针对当前舆论引导工作中存在的问题,完善网络舆论监测体系,开辟舆论疏导渠道,强化正向引导效力,注重先期引导,积极促进信息网络安全立法,以健全完善网络引导工作机制。     

The Wisdom of Which Crowd? On the Pathology of a Listening Government

This article considers the claims made by members of the current UK Coalition government to adopt a new style of listening, consultative politics based upon the so‐called wisdom of the crowd. It considers how these claims have—and could have—been acted upon, focusing upon two central policy proposals; the funding of higher education and the reform of the National Health Service.     

Recent trends in suicides utilizing helium

Retrospective review of cases of suicide involving helium inhalation was undertaken at Forensic Science South Australia over a 25-year period from 1985 to 2009. No cases of helium-related suicides were identified in the first 15 years of the study, with one case between 2000 and 2004 and eight cases between 2005 and 2009. Australian data were also reviewed from 2001 to 2009 that showed 30 cases between January 2001 and June 2005, compared to 79 cases between July 2005 and December 2009, an increase of 163%. A review of Swedish data between 2001 and 2009 showed no cases between January 2001 and June 2005, compared to seven cases between July 2005 and December 2009. Thus, all three areas showed recent and striking increases in cases of suicide involving helium inhalation. Given the availability of helium and the recent promotion of this method of suicide, it is quite possible that this may represent a newly emerging trend in suicide deaths.     

互联网国际规则建构:话语策略的公共安全视角

对当今世界各主要经济体而言,互联网安全已成为一个利益攸关的重要议题,但该领域国际共识和国际规则严重缺失,这与持续加剧的互联网安全威胁之间产生了尖锐的矛盾。在中国,互联网治理日益成为关乎国家安全的政策焦点,同时也是参与全球治理不可或缺的组成部分;建构互联网国际规则的话语能力直接影响着中国对外传播话语体系的建立和制度性话语权的提升,但目前中国对该领域话语策略的学术与政策研究仍严重缺失。当前,对互联网国际规则之制度理念的应然性研究仍显不足,关于中国在该领域对外传播话语策略的探讨更是近乎空白。互联网国际规则的缺失本质上源于互联网信息自由带来的收益与政府信息管控对此种收益的限制之间存在难以调和的矛盾。由于日益严峻的互联网安全形势正逐渐打破互联网信息自由与政府信息管控之间原有的平衡,加之全球化趋势将世界各国的命运更加紧密地联系在一起,该领域国际规则的建构开始具备现实的可能性。鉴于传播话语在规则建构的过程中占据着举足轻重的地位,以公共安全为切入点赢得国际共识、提升中国在互联网全球治理中的话语能力和制度性话语权就成为中国政策制定机构和宣传机构在通过对外传播推进互联网国际规则建构时应采取的话语策略。