Thursday, July 19, 2007

European ISPs not obliged to turn you in

In a note of advice provided to the European Court, Advocate General Juliane Kokott has clarified the current law applying to information your ISP holds about you. Kokott has advised the court that there is no compulsion on the part of ISPs to provide client details to record companies seeking to pursue civil cases. There would be compulsion if a criminal case was being pursued.

The request for information came via the European Court from Spain, where local ISP Telefonica is in court after refusing to hand personal details to Promusicae, the Spanish RIAA client organisation. Although the European Court has yet to make a formal ruling, it would be unusual for them to diverge from formal advice.


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