http://is.gd/tBcdQy - the Attorney General stresses that fact that web-blocking is subject to law reservation and should be pursued and reviewed by courts. This means that Member States wishing to easily delegate such activity to an administration should re-think their plans (this is for instance the case of the Italian copyright enforcement reform); - since important rights like freedom of speech, privacy, freedom of business ecc must be guaranteed, some national judges my come to the conclusions, in the concrete circumstances, that web-blocking is an excessive and inadequate measure; I believe that DPI (deep packet inspection) will not be tolerated by national courts; - courts can neither impose general web-blocking measures nor an “result obligation”: in other words, the web-blocking decision should specifically indicate the technological measures to be undertaken, it cannot consist in a just an order to block access to a certain website, leaving to the ISPs the liability about the effectiviness of the adopted measure. ciao, s. On 26/11/2013 13:45, A Dicorinto wrote:
Oh, yeah! http://www.repubblica.it/tecnologia/2013/11/26/news/provider_chiusura_sito-7...
2013/11/26 oreste.pollicino <oreste.pollicino@unibocconi.it>
According to Advocate General Cruz Villalón an internet provider can be required to block access by its customers to a website which infringes copyright Such a court injunction must refer to specific blocking measures and achieve an appropriate balance between the opposing interests which are protected by fundamental rights
continua qui
http://curia.europa.eu/jcms/upload/docs/application/pdf/2013-11/cp130149en.p... _______________________________________________ nexa mailing list nexa@server-nexa.polito.it https://server-nexa.polito.it/cgi-bin/mailman/listinfo/nexa
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