News Items Topics Internet Law Update

California Net Neutrality Rules Become Law as Federal Gov't Moves to Invalidate Them

California Governor Jerry Brown has signed into law the California Internet neutrality rules, which make it unlawful for Internet access providers to block, degrade or de-prioritize Internet traffic, applications or services. The California rules, set to take effect on January 1, 2019, are aimed at ensuring that internet access providers treat all Internet traffic equally, by refraining from prioritizing Internet ...

European Parliament Advances Precedential Copyright Legislation

The European Union Parliament has approved in first-reading a controversial legislation on “Copyright in the Digital Single Market”, with precedential copyright arrangements. The legislation’s stated objective is to create a “modern, more European copyright framework” as it regards the online environment, yet its overall impact on Internet services and end-users is unclear at this point.

One of the controversial arrangements ...

American and UK Companies Face Elevating Regulatory Fines for Data Breaches

Uber has agreed to settle a U.S. nationwide investigation into its 2016 data breach for $148 million. The ridesharing company’s 2016 breach led to the leak of personal data of 57 million Uber users and drivers, yet the company kept the breach undisclosed for two years and intentionally refrained from informing consumers and regulators, in violation of state data breach ...

U.S. Federal Court Says ICO Fraud Can be Subject to Securities Laws

The U.S. federal Court for the Eastern District of New York has given federal prosecutors a green light to indict a businessman charged with violations of securities law in making materially false and fraudulent misrepresentations in connection with two virtual currency investment schemes and their related Initial Coin Offerings (ICOs). 

Prosecutors charged the businessman with fraudulently inducing investors to purchase ...

Ninth Circuit Says Internet Subscriber's IP Address Insufficient to Find Liability for Copyright Infringement

The U.S. federal Court of Appeals for the Ninth Circuit has held that bare allegations that a defendant was the registered subscriber of an Internet Protocol address associated with copyright infringing activity is insufficient to support claims of copyright infringement.

The case involved a Nevada company that holds the copyright to the film The Cobbler, which was unlawfully distributed from ...

New North American Trade Agreement Establishes Rules on Privacy, Cyber and Liability of Internet Service Providors

The United States, Mexico and Canada announced a new multinational trade agreement, known as the “USMCA”, replacing the 1990s North American Free Trade Agreement (NAFTA). The USMCA is expected to be signed and come into force in the coming months. It includes an extensive chapter on e-commerce, privacy and cyber, and limitation of liability of internet service providers. Among other ...

UK Gov't Reveals Some of Its Post-Brexit Data Protection Plans

The UK Government has issued guidance explaining the probable data protection consequences of the UK leaving the EU without mutual agreement with the EU authorities on March 29, 2019. The UK Government views this “no-deal” scenario unlikely but underscores its responsibility “to prepare for all eventualities”.

The guidance explains that upon Brexit, the EU General Data Protection Regulation (GDPR) will ...

Israeli State Attorney issues prosecution and sentencing guidelines for computer intrusion offenses

In late August, the Israeli State Attorney, Mr. Shai Nitzan, issued guidelines (number 2.38) outlining the policy on prosecution, case management and sentencing considerations, regarding the offense of unlawful intrusion to computer material (section 4 of the Computers Law, 5755-1995).

The guidelines establish a hierarchical severity of acts that constitute intrusion to computer material. The guidelines explains that severe punishment ...

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