Italian Highest Court Held Internet Hosting Providers Have no Duty of Surveillance under Privacy Law on Uploaded Material

On February 3, 2014 the Italian Court of Cassazione deposited the full text of the decision with which on December 17, 2013 it acquitted Google managers of the crime of unauthorized data processing (it was a case of cyber-bullyism).  The Court held that managers of an Internet hosting provider are not criminally responsible because the […]

Alan Butler, StandingUp to Clapper: How to Increase Transparency and Oversight of FISA Surveillance

New England Law Review, Vol. 48, 2013 Abstract: “The Supreme Court held in Clapper v. Amnesty International that a group of non-profit organizations, journalists, and attorneys representing international clients did not have standing to challenge “programatic surveillance” of “one-end domestic” communications under Section 702 the Foreign Intelligence Surveillance Act. This article reviews the Court’s opinion […]

German Chancellor Angela Merkel proposes a European communication network to avoid countries with a lower data protection

In her weekly podcast Angela Merkel proposes to build up a European communication network that would avoid passing e-mails and data through countries where the EU data protection law does not apply, which is to say, in Chancellor Merkel’s opinion, countries with a lower level of data protection (among which she lists to the United States […]

European Data Protection Agencies Sanction Google for Violations of European Data Protection Law

In December 2013 and January 2014, respectively the Data Protection Authorities of Spain and France sanctioned Google for privacy violation, imposing fines of EUR 300,000 and EUR 150,000. The background: In 2012 Google announced its decision to replace the individual privacy policies of each of its products and services with a single privacy policy. A […]

Francesca Giannoni-Crystal, “Something’s got to give” – Cloud Computing, as applied to lawyers – Comparative approach US and EU and practical proposals to overcome differences – My presentation at the Scuola Superiore Sant’Anna (Pisa, Italy) Symposium “Getting around the cloud(s) – Technical and legal issues on Cloud services” (November 30, 2013)

Ms. Giannoni-Crystal provides thoughts on benefits and risks of cloud computing for an American based international law firm. She analyzes the approach of American jurisdictions on cloud computing. She also discusses the implications of privacy laws on a law firm’s adoption of cloud computing. Finally, Ms. Giannoni-Crystal provides some practical tips for an international law […]

Francesca Giannoni-Crystal, “Something’s got to give” – Cloud Computing, as applied to lawyers – Comparative approach US and EU and practical proposals to overcome differences – My presentation at the Scuola Superiore Sant’Anna (Pisa, Italy) Symposium “Getting around the cloud(s) – Technical and legal issues on Cloud services” (November 30, 2013)

  In my talk I will go ahead analyzing the approach of American will provide some elements to understand benefits and risks of cloud computing from an American lawyer’s perspective. I ethics opinions on cloud computing. Then, I will discuss the different implications of privacy law on cloud computing under an American perspective, as opposed to a […]

DC Court of Appeals struck down several FCC’s net neutrality provisions

On January 14, 2014, the U.S. Court of Appeals for the District of Columbia Circuit partially vacated Federal Communications Commission (FCC)’s rules imposing net neutrality obligations on broadband providers, while still affirming the Agency’s jurisdiction to promote broadband infrastructure investment and competition in an “open Internet”. A little background. There are four major participants in […]

Charles McLellan, M2M and the Internet of Things: A guide

Article’s Summary: “The Internet of Things will consist primarily of machines talking to one another, with computer-connected humans observing, analysing and acting upon the resulting ‘big data’ explosion. Here’s how the next internet revolution is shaping up.” The full text is available at http://www.zdnet… On the IoT, you may also read: Article 29 Data Protection Working […]

Peter Swire, Nancy J. and Lawrence P. Huang, Peter Hustinx and Three Clichés About E.U.-U.S. Data Privacy

Data Protection Anno 2014: How to Restore Trust? Contributions in honour of Peter Hustinx, European Data Protection Supervisor (2004-2014), ISBN 978-1‐78068‐213‐6 Abstract This essay is in honor of the retirement of Peter Hustinx, who served as the first European Data Protection Supervisor, from 2004-2014. The essay suggests that key themes in Hustinx’ career show a […]