Online copyright enforcement: The ineffectivity of Italian Communications Authority Measures. A Survey.

 

copymatita

A new study has found that blocking access to torrent and linking sites results in the opposite effect. Instead of driving people towards legal websites and services, many of the blocked sites simply move to other domain names where they enjoy a significant and sustained boost in traffic.

 

Ernesto for TorrentFreak

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

festival
International Festival of Journalism, 16th of April 2015. Perugia.

Tutorial for journalists.

 What to do ( and write ) if you receive a request for cancellation or adjustment based on the right to be forgotten or copyright.

By Me and Bruno Saetta, Blogger and Lawyer.

Here more informations  

http://www.journalismfestival.com/programme/2015/freedom-of-expression-2.0-how-to-defend-oneself-against-libel-claims
Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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ITALY’S POSITION ON THE DIGITAL SINGLE MARKET, EXPRESSED FRIDAY MARCH 13, TO THE EUROPEAN COMMISSION.

renzi

Italy has provided  Friday March 13  his contribution   to the definition of  European Digital Strategy.

The Government's position on the digital single market was sent to the European Commission's DG Connect.

The 6-page document is divided into seven sections.

The document covers various aspects,including the broadband connection, the so-called Internet of thing, the digital school, the strengthening of the European Security Agency (ENISA ). 

The most critical point , however, is that of the Copyright , in which Italy appears to assume a position of rearguard.

This is the first of the 7 points.

 

1. Digital market and investments: improving interoperability, fostering e-commerce, harmonizing fiscal policies

A strategic objective of the Union should be to support programmes for infrastructural investments that ensure interoperability of systems and technologies and the development of e-commerce potential, which represents a new frontier for businesses, especially SMEs.

In order to do this, there should be an intervention that provides tools aimed at fostering the creation and establishment of European businesses, overcoming national constraints and optimizing both the infrastructure and the operational methods (inter alia the activities of shipping and delivery). It is crucial to draw a harmonised regulatory framework for the establishment and online registration of companies, also across borders.
We also need to fully harmonise the rules on consumers protection, products guarantee, as well as on taxation, i.e. aligning VAT rates of digital products to the rates of their material correspondents, such as in the case of e-books.

On this regard, for example, the EU should focus on the harmonisation of the platform for VAT payment so as to facilitate access of SMEs to the market.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Seminar on Copyright and freedom of expression online. International Journalism festival. Perugia.

festival

Copyright and freedom of expression online. In remembrance of lost liberty

law&order

  • 14:30 – 15:30   thursday 16/04/2015

Hotel Brufani – Sala Priori


 

By Bruno Saetta and Fulvio Sarzana, lawyers and bloggers.

 

This seminar will address the state of European legislation and national laws on intellectual property, the reform under discussion in the European Parliament, and the impact of these rules on freedom of expression, user-generated content and social curation.

 

http://www.journalismfestival.com/programme/2015/copyright-and-freedom-of-expression-online.-in-remembrance-of-lost-liberty

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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On line Copyright Enforcement, Notice and take down and fundamental rights: Landmark case starts in Italy before Constitutional Court.

Corte-Costituzionale

On 11 of February 2015, Italian Constitutional Court starting to review the landmark case regarding the constitutionality of the Italian Communication Authority’s (‘AGCOM’) Regulation on Online Copyright Enforcement.

Consumer’s and small business associations ( Altroconsumo, Movimento di difesa del Cittadino, Assoprovider and Assintel) filed action against this Regulation for violation of civil and fundamental  rights ( freedom of expression and to be informed  and economic initiative), protected by the Italian Constitution, before the Regional Administrative Court of Lazio and then before Constitutional Court.

Associations was assisted before Constitutional Court by Distinguished Professor of Constitutional Law at University of Rome and Writer  Alfonso Celotto  http://it.wikipedia.org/wiki/Alfonso_Celotto, by Former Honorary President of Italian Supreme Court ( Corte di Cassazione) Carlo Sarzana di S.Ippolito, and by Lawyer Fulvio Sarzana di S.Ippolito.

The Regulation, which entered into force on April 1, 2014, empowered AGCOM to enforce online copyright infringement.

The regulation implementing Legislative Decree No 70 of 2003, which transposed in Italy Directive 2000/31/EC on electronic commerce, does not contain any ‘implementing procedure’, as must be established by the Italian Communications Regulatory Authority (AGCOM).

Agcom granted hiself the enforcement power without any previous Parliamentary debate.

Under the Regulation, AGCOM may order access and hosting providers to block access to websites hosting infringing materials or remove allegedly infringing contents after a very short administrative procedure without any previous Judicial review.

Administrative Court poses the question of the constitutionality of Articles 5(1), 14(3), 15(2), and 16(3), Legislative Decree 70/2003 (which transposed in Italy Directive 2000/31/EC on electronic commerce)   and Article 32bis(3), Legislative Decree 177/2005, on the basis of which the AGCOM Regulation was adopted,

Court streesed that:

” Those provisions may infringe on (a) the principles of “statutory reserve” and judicial protection provided in defense of freedom of expression and economic initiative, as well as (b) the criteria of reasonableness and proportionality in the exercise of legislative discretion and (c) the principle of the natural judge, because of the lack of legal guarantees and judicial safeguards for the exercise of freedom of expression online, at least equivalent to those laid down for the press. 

Administrative Court noted that:

“ The “double track,” administrative and judicial, provided for by the European Directives that AGCOM referred to [as a legal basis to enact the “Regulation”], should be construed by taking into consideration the necessity that the limitations to access the Internet in order to protect copyright should be balanced with other rights protected by European law, such as the principle of proportionality.  However, those limitations should be subject to a preliminary judicial review. In any event, it should be considered that the implementation of those Directives in the Italian legal system cannot undermine the protection provided by our Constitution to other potentially conflicting fundamental rights.”

Indeed, AGCOM is allowed to order, through a fast-track procedure which does not give all parties a full hearing, that any content that allegedly infringes copyright be removed from public electronic areas.

Recently, AGCOM has issued an increasing number of orders to online newspapers, Forums, Blogs,  to remove content.

The latest concerns the website Gay.it, point of reference of italian LGBT Community,  which had to remove an article containing a ‘selfie’ (inspired by actress Tilda Swinton) of an Italian photojournalist, holding a rainbow flag, on Red Square in Moscow.

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+P-2014-006995+0+DOC+XML+V0//EN

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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TOWARDS A NEW LEGISLATION ON INTELLECTUAL PROPERTY IN THE DIGITAL SINGLE MARKET.TUESDAY, 3RD MARCH 2015, EUROPEAN PARLIAMENT.

imagesG6F0T6WC

Explore the future of copyright  in a digital environment!

 

Learn the Proposal of EU Parliament Rapporteurs on implementation of INFOSOC and IPRED Directive!

 

Know the Modified Exceptions and limitations to copyright in order to achieve a balance of interest!

 

Learn the future of private copiyng in EU digital single market!

 

Should Internet Service providers be Copyright Cops?

 

This conference aims to provide  public with an in-depth analysis of how recent developments in the EU copyright framework .

 

The CJEU’s interpretation of key concepts concerning audiovisual, music and press activities will be presented and the adaptation of EU copyright law to online media technologies will be discussed.

 

copyleft – Locandina the Conference  Program  at the European Parliament ( Bruxelles)  the 3rd of March 2015, on the “new legislation on Intellectual Property in the digital single market” .

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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“Towards a new legislation on Intellectual Property in the digital single market” Bruxelles, European Parliament, Tuesday, 3rd March 2015.

ANNEX 1

Europe of Freedom and Direct Democracy Group EFDD – MoVimento 5 stelle

presents:

Tuesday, 3rd March 2015, from 9:30 to 13:00 a.m.

at the European Parliament (Altiero Spinelli Building – First floor – Room 1E2)

A Conference on:

Towards a new legislation on Intellectual Property in the digital single market.

Proposal for a new framework under INFOSOC and IPRED directives.

Programme:

9:00 Arrival and Registration

9:30 Welcome Speech: Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Chair: Fulvio Sarzana di S.Ippolito, Lawyer. Sarzana & Partners Law Firm, Rome, Italy

9:45 – 10.05 Towards a Single European Copyright Title? A Conceptual Framework

Marco Ricolfi, Professor of Commercial law University of Turin, Nexa Center for internet and society, Turin, Italy

10:05 – 10:25 New Copyright and the Public Domain

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

10:25 – 10:45 Digital Copyright Levies: Balancing the Authors’ rights with Consumers’ interests

Agustin Reyna, Senior Legal Officer and is leading BEUC’s Digital Team, Brussels, Belgium ANNEX 1

10:45 – 11:05 A new legal framework for limitations and exceptions to copyright

Giuseppe Mazziotti, Professor of Intellectual property Law at Trinity College Dublin, Ireland

11:05 – 11:25 Linking, Embedding & Framing, is that a copyright Infringement?

Marco Scialdone, Lecturer, European University of Rome, Italy

11:25 – 11:45 Balancing the freedom of expression and copyright in the digital Age: A constitutional Approach

Alfonso Celotto, Professor of Constitutional Law, University of Rome 3, Italy

11:45 – 12:05 Intellectual Property enforcement in digital age: The Internet Service Provider point of View

Innocenzo Genna, Head of Copyright Committee at EUROISPA (Pan European association of European Internet Services Providers Associations – ISPAs)

12:05 – 12:25 EU-style Fair Use? EU Copyright and the Introduction of an Open Norm

Eleonora Rosati, Lecturer in Intellectual Property (IP) law at the University of Southampton, UK

12:25 – 13:00 Debate & Conclusions:

Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Laura Ferrara, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Civil Liberties, Justice and Home Affairs & Committee on Legal Affairs

Dario Tamburrano, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Industry, Research and Energy

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive) ANNEX 1

The conference is free upon registration: https://ec.europa.eu/eusurvey/runner/Copyright_03_03_15

For info email: isabella.adinolfi-office@europarl.europa.eu

Languages IT-EN-FR / The Conference will be webstreamed

A cocktail will be provided after the Conference

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Bruxelles, Tuesday, 3rd March 2015.Towards a new legislation on Intellectual Property in the digital single market. Proposal for a new framework under INFOSOC and IPRED directives.

copyrightlevies

Europe of Freedom and Direct Democracy Group EFDD –

 

presents:

 

 

Tuesday, 3rd March 2015, from 9:30 to 13:00 a.m.

 

at the European Parliament (Altiero Spinelli Building – First floor – Room 1E2)

 

 

An International Conference on:

 

 

Towards a new legislation on Intellectual Property in the digital single market.

 

Proposal for a new framework under INFOSOC and IPRED directives.

 

Programme:

 

9:00 Arrival and Registration

 

9:30 Welcome Speech: Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – , Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

 

Chair: Fulvio Sarzana di S.Ippolito, Lawyer. Sarzana & Partners Law Firm, Rome, Italy

 

9:45 – 10.05 Towards a Single European Copyright Title? A Conceptual Framework

Marco Ricolfi, Professor of Commercial law University of Turin, Nexa Center for internet and society, Turin, Italy

 

 

10:05 – 10:25 New Copyright and the Public Domain

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

 

10:25 – 10:45 Digital Copyright Levies: Balancing the Authors’ rights with Consumers’ interests

Agustin Reyna, Senior Legal Officer and is leading BEUC’s Digital Team, Brussels, Belgium

 

10:45 – 11:05 A new legal framework for limitations and exceptions to copyright

Giuseppe Mazziotti, Professor of Intellectual property Law at Trinity College Dublin, Ireland

 

11:05 – 11:25 Linking, Embedding & Framing, is that a copyright Infringement?

Marco Scialdone, Lecturer, European University of Rome, Italy

 

11:25 – 11:45 Balancing the freedom of expression and copyright in the digital Age: A constitutional Approach

Alfonso Celotto, Professor of Constitutional Law, University of Rome 3, Italy

 

11:45 – 12:05 Intellectual Property enforcement in digital age: The Internet Service Provider point of View

Innocenzo Genna, Head of Copyright Committee at EUROISPA (Pan European association of European Internet Services Providers Associations – ISPAs)

 

12:05 – 12:25 EU-style Fair Use? EU Copyright and the Introduction of an Open Norm

Eleonora Rosati, Lecturer in Intellectual Property (IP) law at the University of Southampton, UK

 

12:25 – 13:00 Debate & Conclusions:

 

Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

 

Laura Ferrara, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Civil Liberties, Justice and Home Affairs & Committee on Legal Affairs

 

Dario Tamburrano, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Industry, Research and Energy

 

Julia Reda, MEP, Germany, Greens/European Free Alliance Group , Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

 

 

The conference is free upon registration: https://ec.europa.eu/eusurvey/runner/Copyright_03_03_15

 

 

Languages IT-EN-FR

 

A cocktail will be provided after the Conference

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright: Finland Abolishes Copyright Levies On Digital Devices

copyrightlevies

 

Finland is the latest EU member state to scrap levies on digital devices, following similar moves in Spain and the UK. The Finnish Parliament on Wednesday voted overwhelmingly to replace a levies system that has existed since 1984 with the creation of a government fund designed to compensate artists for private copying of content such as music and movies.

 

Glyn Moody for Techdirt 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Forex Financial sites. New Crackdown in Italy under request from Italian financial regulator Consob.

forex

Rome, 16/12/2014.

In a dramatic move, the preliminary investigations by the Judge of Rome, on the order of the Public Prosecutor of Rome, under request from Italian financial regulator Consob has directed Italian ISPs to block numerous binary options cites from appearing in Italy .

Italian financial police ( cd Guardia di Finanza) is performing now the Order of Blocking.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The final paper of Italian Government on Net Neutrality (state of play). Italy to Remove Net Neutrality from The proposal. 21 november 2014.

netneutrality1

 

ITPRESState ofPlay
The Italian Government will present its final proposal on Net Neutrality and Roaming the Council of Ministers of Telecommunications on 27 November.

This the last document prepared by the Italian Presidency and circulated among the delegates of the countries of the Council, (21 November )

Italian Government confirms its intention to remove Net Neutrality and affirms  (not clear whether speaking as chairman or by recording the positions of the Council), the specialized services are not regulated but not prohibited

The theme of the specialized services had been precisely defined by the text released in April by the European Parliament to  avoid  uncertainties on discrimination of traffic and the potential conflict with the free internet.

The Italian proposal also with regard to roaming proposes to postpone the end of 2016 the entry into force of the so-called ‘roam like at home’ (RLAH).

The document would seem to benefit the big mobile operators, to the detriment of the operators of more modest size and consumers.

Among the proposals, indeed very unorthodox, the Italian Government  ask to the Council an  exploratory mandate to negotiate future scenarios with the Commission and the European Parliament.

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian government, current President of the European Council, says its EU Partners “Net Neutrality, No, thanks”.

 

verdict

Italian Government says  to EU  Partners “Net neutrality ?, No thanks.”

The Italian government, current President of the European Council, surprisingly trying to “bury” the Net neutrality .

The evidence  is contained in two confidential documents in English (respectively 26 and 10 pages), who were brought by the Italian Presidency of the European Council to the delegates of the other countries on November 14th .

The text,  that left surprised most of the participants in the Working Group,  seems to move toward the desiderata of Europe’s large telecoms operators.

Let’s start by saying that the Italian government announces its European partners that the word Net neutrality, in his view, should not be used.

The Italian Presidency proposes in the second of two documents the Removal of the definitions of “net neutrality” and “specialised services”.

Mr Renzi Government thinks that,  instead of a definition of net neutrality there could be a reference to the objective of net neutrality, e.g. in a recital, which would resolve the concerns that the definition might be at variance with the specific provisions.

It ‘s really strange that a concept so important to be eliminated.

Words are important, some might say, and if we do not adopt clear definitions, what can be considered white could become black and vice versa.

 

The surprises do not end there because the Italian Presidency offers its partners  the possibility  to use the Traffic management measures to block, slow down, alter, degrade or discriminate against specific content, applications or services, or specific classes  in these scenarios:

a)           implement a legislative provision or an order by a court or other public authority vested with relevant enforcement powers under national law;

b)           prevent the transmission of unsolicited communications, where required to give effect to Article 13 of Directive 2002/58/EC;

c)           preserve the integrity and security of the network, services provided via the network, and the end-users’ terminals;

d)           prevent imminent network congestion or mitigate its effects if application-agnostic measures would not be efficient and provided that equivalent types of traffic are treated equally;

e)           ensure high-quality transmission of voice communications, including to the emergency services, or

f)           meet its obligations under a contract with an end-user to deliver a service requiring a specific level of quality to that end-user.

 

For the first time since the presentation of the  digital single market  proposal,   a Gouvernment proposes the blocking of   internet  traffic by administrative body  (which in Italy is AGCOM ) and not by a judge.

No one before the Italian Government had proposed this solution, pregnant with important consequences on the rights of defense of citizens from potential abuses of administrative  power.

The net neutrality, in the words of the Italian Government, is effectively put down to the water, to be replaced by the  Rules can overwhelm the principles of free access, sharing and equal access to network resources.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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AGCOM: Consumer Organizations And Internet Companies Mount Legal Challenge To Italy’s Extreme Copyright Enforcement Regulations

libro bianco su copyright e diritti fondamentali in internet

GlynMoody for www.techdirt.com

from the fightback-time dept

Techdirt has been following for a while the saga of Italy giving its Authority for Communications Guarantees (AGCOM), which regulates broadcasting and telecommunications, wide-ranging new powers to police online copyright infringement too. That culminated in the first instances of Web sites being blocked without any kind of judicial review earlier this year. Since then, there has been an important development as civil organizations and Internet companies have mounted a legal challenge to the new regulations. One of the lawyers involved in these actions, Fulvio Sarzana, explains what happened:

On 26 September 2014, The Italian regional administrative tribunal referred the question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court.

Here’s why:

the Regional Administrative Court of Lazio required the Constitutional Court to issued its judgment, since it held that the regulation might be unconstitutional, for violation of the principles of statute and judicial protection in relation to the exercise of freedom of expression and economic initiative, as well as for the violation of criteria of reasonableness and proportionality in the exercise of legislative discretion and of the principle of the court, in relation to the lack of guarantees and legal safeguards for the exercise of freedom of expression on the Internet.

follow on https://www.techdirt.com/articles/20141114/08020629140/consumer-organizations-internet-companies-mount-legal-challenge-to-italys-extreme-copyright-enforcement-regulations.shtml

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian way to copyright. On the Road to Constitutional Court, President of AGCOM said ” Mr Sarzana won’t be able to drag me personally to the Court”.

libro bianco su copyright e diritti fondamentali in internet Rome November 14, 2014.

On 26 September 2014, The Italian regional administrative tribunal referred the question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court.

Consumer’s and small business associations ( Altroconsumo, Movimento di difesa del Cittadino, Assoprovider and Assintel) filed action against this Regulation for violation of civil  rights (  freedom of expression  and economic initiative) , protected by the Italian Constitution, before the Regional Administrative Court of Lazio.

AGCOM’s ( Italian Telecommunications Authority)  President Mr Cardani , said,  at the end of october,  during a Conference  ” Mr. Sarzana, (  The Lawyer  www.lidis.it/eng   leader of the civil rights groups that have been awarded to discuss the case before the Constitutional Court)   won’t be able to drag me personally in court”. https://www.youtube.com/watch?v=qJTOR4tyEy8#t=1025 ( Minute n. 17 of video).

In accordance with the actions brought by consumer’s associations against the Regulation, the Regional Administrative Court of Lazio required the Constitutional Court to issued its judgment, since it held that the regulation might be unconstitutional, for violation of the principles of statute and judicial protection in relation to the exercise of freedom of expression and economic initiative, as well as for the violation of criteria of reasonableness and proportionality in the exercise of legislative discretion and of the principle of the court, in relation to the lack of guarantees and legal safeguards for the exercise of freedom of expression on the Internet.

The Consumer associations have in fact warned AGCOM not to continue the crackdown of websites and online content,  without the intervention of a judge,  sending the case to the State Court of Auditors. https://www.altroconsumo.it/organizzazione/media-e-press/comunicati/2014/diffida-agcom-per-regolamento-tutela-diritto-autore ( in Italian)

Therefore, in October 2014, the President of Agcom, Mr. Angelo Cardani, indicated that Agcom shall proceed “with caution” , addressing only cases “of real urgency”, pending the case in the Constitutional Court.

The Constitutional Court will issue a verdict in the coming months.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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COURT LIFTS OVERBROAD “PIRACY” BLOCKADE OF MEGA AND OTHER SITES

COURT LIFTS OVERBROAD “PIRACY” BLOCKADE OF MEGA AND OTHER SITES

NEWS

Mega and several other file-hosting services are accessible in Italy once again after a negotiated settlement with local law enforcement. Another unnamed site had to appeal its blockade in court but won its case after the court ruled that partial blocking of a specific URL is preferred over site-wide bans.

megaLast July the Court of Rome ordered all local Internet providers to block 24 websites including Mega.co.nz and Russia’s largest email provider Mail.ru.

The broad anti-piracy measures were requested by small independent Italian movie distributor Eyemoon Pictures. The company complained that the sites in question distributed two films, “The Congress” and “Fruitvale Station,” before they were released in Italian cinemas.

Several sites affected by the blockade decided to appeal the order, and not without success. Fulvio Sarzana, who acts as lawyer for several of the accused sites including Mega, told TorrentFreak that the sites in question can now be accessed again.

The lawyer took up the case with the local Prosecutor, and pointed out that the blockades are overbroad. Instead of blocking access to a single file it makes entire sites unreachable.

In addition, Sarzana noted that the measures are not needed as the file-hosting sites have strict takedown policies in place which allow copyright holders to remove infringing content.

 

follow on http://torrentfreak.com/court-lifts-overbroad-piracy-blockade-of-mega-and-other-sites-141009/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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New Copyright Rules by AGCOM( Italian telecommunications Body). Ordonnance n 10020/2014 of September 26, 2014, of Administrative Court of Lazio. Referring to Constitutional Court.

 

Regarding the New Copyright Rules by AGCOM (  Italian telecommunications Body)and Ordonnance n 10020/2014  of Administrative Court of Lazio, Referring to Constitutional Court,

Since there are doubts about what the court said i  paste here the decision, or the Order of the Court.

 

Everyone can get an idea

 

ITALIAN REPUBLIC

The Regional Administrative Court of Lazio

(First Section)

gives the following
ORDER

on the use of general register number 1985, 2014, provided by:

Altroconsumo, Assoprovider – Association of Independent Provider-Confcommercio, Motion Defense of the Citizen, Assintel – Confcommercio, represented and defended by the lawyer. Fulvio Sarzana Of S. Ippolito, with an address at Di Fulvio Sarzana S.Ippolito in Rome, Via Velletri, 10;

versus
Authorities’ To The Guarantees in Communications, represented by law by the State, based in Rome, via the Portuguese, 12;

 

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

 

This he part of a judgment that sets out the decision, or ruling  – as opposed to the other parts of the decision such as the facts, arguments, grounds and costs.

 

“23 – Observe the Panel of Judge  that the above considerations appear to also be confirmed in the jurisprudence of the Court of Justice, which in the judgment C 70/10 (Section III, SABAM against SCARLET) expected to be (only) “national courts” in order to instruct intermediaries to take measures “aimed at putting an end to violations of intellectual property rights” (in this sense, judgment of 12 July 2011 in Case C 324/09, L’Oréal and others). Therefore, “the authorities and the national courts must in particular ensure a fair balance between the protection of intellectual property rights, enjoyed by the owners of copyright, and that of free enterprise.”

For this reason, the injunction to create a filter generalized estimate “is likely to prejudice the freedom of information since that system might not be able to adequately distinguish between a lawful content and illegal content.” In fact, “it is undisputed that the question of the lawfulness of a transmission depends on the application of statutory exceptions to copyright which vary from one Member State to another. In addition, in some Member States certain works may fall within the public domain, or may have been put on line for free by their authors. ”
Therefore, even the national court could adopt the injunction that forced the FAI to set up the system of filtering controversial, because it does not comply with “the obligation to ensure a fair balance between, on the one hand, intellectual property rights and, on the ‘another, freedom of enterprise, the right to protection of personal data and the freedom to receive and impart information “.
By the judgment C – 461/10 (Section III, -BONNIER AUDIO AND OTHERS against PERFECT COMMUNICATION AB SWEDEN), the Court of Justice adds that in the transposition, in particular, the Directives 2002/58 and 2004/48, “the United States must take care to rely on an interpretation of those directives which allows a fair balance between the various fundamental rights protected by European Union law “and that” it does not conflict with the above mentioned fundamental rights or with the other general principles of EU law, such as, for example, the principle of proportionality. ”
Moreover, according to the recent judgment of the Court of Justice (Section IV) of 27 March 2014 (C – 314/12 – UPC Telekabel Vien Gmbh against Constantin Film Verleih Gmbh) “fundamental rights recognized by Union law must be interpreted as meaning that does not preclude that it is prohibited (provided) with an injunction issued by a judge, a provider of Internet access to allow its subscribers access to a website that brings in the network protected material without the consent of the holders rights. “It should be, however, that “such an injunction does not specify what measures the access provider must take” and that “it can avoid penalties for violation thimble injunction proving that he took all reasonable steps” and also that “the measures taken do not deprive unnecessarily Internet users the ability to access the information available in a lawful manner. “It should, finally, that “these measures have the effect of preventing, or at least to make it difficult to carry out consultations unauthorized” condition (only the latter) that it is (either) “to the authorities and national courts to determine.”

In the decisions cited the “double track” administrative and judicial review, as provided for by the Community directives mentioned by AGCOM, it seems tempered by the need for restrictions on access to the Internet to protect copyright are weighted with the other rights ensured in the Union law, like the principle of proportionality, which, however, are subject to prior examination by the national court, provided that the transposition of the said Directives in the Italian can not in every case regardless of the protections afforded by the our Constitution potentially conflicting fundamental rights.

24 – In conclusion, the Panel of Judge  considers it necessary to refer to the Constitutional Court the following question of the constitutionality, relevant to the definition of the main proceedings, or for the purpose of eventual declaration of unconstitutionality of the contested regulation AGCom with the inscription in appeal and its subsequent cancellation in court, to obtain a preliminary ruling about the possible unconstitutionality of art. 5, paragraph 1, and Articles. 14, 15, paragraph 3, paragraph 2, and 16, paragraph 3, of Legislative Decree 9 April 2003, n. 70 ***     and paragraph 3 of article. 32 bis of the Consolidated Law of audiovisual media services and radio programs approved by Legislative Decree n. 117 of 2005 as introduced by art. 6 of Legislative Decree n. 44 of 2010 on the basis of which was adopted the contested “Resolution no. 680/13 / CONS of December 12, 2013 “on the” Regulation on the protection of copyright on electronic communications networks and implementation procedures “and ‘” Attachment A “to the said Resolution, for the violation of the principles of reserve legal and judicial protection in relation to the exercise of freedom of expression and to economic initiative, set out in Articles 2, 21, paragraph I, 24 and 41 of the Constitution, as well as for the violation of the criteria of reasonableness and proportionality in ‘exercise of legislative discretion and for the violation of the principle of the court, in relation to the lack of provision for guarantees and legal safeguards for the exercise of freedom of expression on the net at least equivalent to those laid down for the press, with the consequent violation articles 21, paragraphs 2 and following, 24 and 25, paragraph 1, of the Constitution.

P.Q.M.

 

The Regional Administrative Court of Lazio (First Section), speaking on the appeal , as proposed in the epigraph, and not manifestly unfounded claims relevant to the question of the constitutionality of Article. 5, paragraph 1, and Articles. 14, 15, paragraph 3, paragraph 2, and 16, paragraph 3, of Legislative Decree 9 April 2003, n. 70 and paragraph 3 of article. 32 bis of the  Law of audiovisual media services and radio programs approved by Legislative Decree n. 117 of 2005 as introduced by art. 6 of Legislative Decree n. 44 of 2010.

The Panel  also declare relevant and not manifestly unfounded the question of the constitutionality of those provisions in relation to Articles 21, paragraphs 2 and following, 24 and 25, paragraph 1, of the Constitution.

Does the suspension of the proceedings and order the immediate transfer of the case to the Constitutional Court.

Order that, by the Secretariat of the Chamber, this order is sent  to  the parties constituted and the Chairman of the Council of Ministers, as well as communicated to the Presidents of the Chamber of Deputies and the Senate.

 

Decided in Rome in the council chamber of the day June 25, 2014 with the intervention of the judiciary:
Raphael Sestini, President FF, extenders
Anna Bottiglieri, Councillor
Roberta Cicchese, Councillor

 

NOTE   ** Directive 2000/31/EC concerning certain legal issues relating to
information society services with particular regard to electronic
commerce in the EU internal market, has been implemented in Italy
by Legislative decree n. 70/2003, which has properly introduced the
relevant European provisions in the Italian system;

 

Articles 14, 15 and 16 of the Italian rules are Articles 12, 13 and 14 of the E-commerce Directive

 

These are The Paragraph of the Italian Constitution mentioned above.

Art. 21
Anyone has the right to freely express their thoughts in speech, writing, or any
other form of communication.

The press may not be subjected to any authorisation or censorship.
Seizure may be permitted only by judicial order stating the reason and only
for offences expressly determined by the law on the press or in case of
violation of the obligation to identify the persons responsible for such
offences.
In such cases, when there is absolute urgency and timely intervention of the
Judiciary is not possible, a periodical may be confiscated by the criminal
police, which shall immediately and in no case later than 24 hours refer the
matter to the Judiciary for validation. In default of such validation in the
following 24 hours, the measure shall be revoked and considered null and
void.
The law may introduce general provisions for the disclosure of financial
sources of periodical publications.
Publications, performances, and other exhibits offensive to public morality
shall be prohibited. Measures of preventive and repressive measure against
such violations shall be established by law.

 

Art. 24
Anyone may bring cases before a court of law in order to protect their rights
under civil and administrative law.
Defense is an inviolable right at every stage and instance of legal proceedings.
The poor are entitled by law to proper means for action or defense in all
courts.
The law shall define the conditions and forms of reparation in case of judicial
errors.

 

Art. 25
No case may be removed from the court seized with it as established by law.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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PROSECUTOR’S OFFICE OF ROME. OPERATION “EYEMOON.” MEGA.CO.NZ and other 24 PORTALS seized. KIMDOTCOM And The Russian oligarch ALISHIR Usmanov BETWEEN THE TARGET.

kimdotcom Cyberlocker Mega.co.nz  ( owned by  Kimdotcom (ex Megaupload) was seized by Preliminary Investigations Judge of Rome, as well as the giant Russian mail.ru, owned by Russian oligarch Alisher Usmanov intimate of President Vladimir Putin.

Record seizure of cyberlocker sites and filehosting by the Prosecutor’s Office of Rome.

The Judge for the Preliminary Investigation of Rome Constantino De Robbio, at the request of the local public prosecutor, ordered on 14 July to the seizure of 25 international portals, most of cyberlocker, for copyright infringment .

 

The operation was carried out by communications police in Rome.

The title of the crime  is Article 171 ter, paragraph 2 of the law on copyright.

The seizure would follow to a report of a small independent Italian distributor who debuted in the market in 2012.

 

the company has complained about the violation of the copyright in respect of two films not yet released in Italian cinemas

“the congress” and “Fruitvale station.”

It is the second-largest seizure in Italy, but the most important for the names involved in seizure.

Among the targets of the Prosecutor of Rome, we find the name of the cyberlocker Mega, owned by former proprietor of  Megaupload,  Kimdotcom.

Seized, among others, the portal mail.ru and video.tt

Mail.ru seems to belongs to Russian oligarch Alisher Usmanov, one of the richest men on earth, intimate of President Vladimir Putin, and that would be the strong man behind the acquisition of the shares of Russian social network Vk.com last April.

Nearly all the portals are the property of the Russian, except for Mega belongs precisely to Kimdotcom.

The operation of the Public Prosecutor of Rome highlights once again the futility of AGCOM regulations on copyright, which entered into force on 31 March last year and that up to now, over 108 reports, produced the result of inhibiting only 5 portals which would be devoted to piracy (2.5% of the instances presented).

Between the portals of object removal requests by Agcom there are newspapers, public portals and also sharing sites for children http://www.chefuturo.it/2014/06/ecco-i-primi-55-colpi-dellagcom-contro-la-pirateria-colpiti-i-sumeri-e-teoria-del-big-bang-no-qualcosa-non-va/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The “AGCOM” ( Italian Communications Authority) law on web sites removal. A damage for internet-related businesses and freedom.

piratiAGCOM, Italy’s independent and autonomous Communications Authority -with a putsch-    decide on December the 12th  to controversially appoint itself – without any further Parliament approval needed – to take on the powers to order the removal of any online content in case of presumed copyright violation.

The “AGCOM”aims at speeding up the procedure for blocking or closing down websites which provide illegal access to copyrighted content.

To this effect, it introduces a procedure whereby a rightsholder,  without any charges,   can apply to the  Administrative Body an allegedly infringing website.

The provision required ISPs to block  their subscribers from accessing not only foreign websites accused of infringing the copyrights, exactly like  so-called  US SOPA ACT, but even the italian Websites.

It will be even  different from the controversial Spanish  Ley Sinde.

In Spain any removal of infringing content has to be confirmed by the Central Courts of Administrative Jurisdiction (following the procedure regulated in Art. 122 bis para. 2 of the Act on Administrative Jurisdiction) while in Italy The AGCOM will order removal without any kind of judicial review.

ISPs, consumers, libertarians and experts have vigourosly contested AGCOM’s proposal because it could affect freedom of speech as well as business rights.

In particular, they challenge the modality whereby the Italian regulator would supervise and tackle copyright infringements in the Internet by way of orders of removal and blocking.

Various members of the Italian Parliament (including the president of the Chamber Laura Boldrini)  have questioned the competence of AGCOM in regulating this matter and observed that only the legislator, not the regulator, should fix limits and guarantees of civil freedoms.

The Foreign Affairs Minister Emma Bonino has also criticized the regulator’s initiative.

While visiting Italy to report on the state of freedom of expression in the country, Frank La Rue, the UN special rapporteur on the promotion and protection of the rights to freedom of opinion and expression, expressed his reservations against the new regulatory framework.

La Rue, echoing the words of Italian academics and civil libertarians, noted that “all norms regulating constitutional rights, in particular freedom of expression, should be approved by the Parliament.

President of AGCOM has  noted that the opponents to the proposal are either small groups of civil libertarians mistakenly perceiving the new regulation as a threat to civil liberties or accomplices of pirates that “fatten by reaping where other have sown”.

It appears that AGCOM lawmakers didn’t realize how much damage their anti-piracy bills could cause to the Internet and to Internet-related businesses,

The New  Italian first party’s leader Matteo Renzi, during his inaugural speech on december the 15th   says that to takedown websites for copyright  infringement without  judicial control sounds “weird”.

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italy Attempting To Have Copyright Enforced By Regulators, Not Courts

By Mike Masnick

for www.techdirt.com

 

A year and a half ago, we thought this plan was dead in the water, but apparently while we weren’t paying attention, a plan moved forward in Italy to take significant copyright enforcement powers out of the courts and, instead, give it to the Italian regulator AGCOM. If you want to see a recipe for a bad idea, this is it.

 

Regulators are very much subject to regulatory capture, and a regulatory board entirely focused on copyright enforcement will almost certainly be controlled by maximalists who come from industry, rather than those with the public benefit in mind.

 

…………………

 

Imagine if the US Copyright Office or the US Patent Office got to determine enforcement of those laws, rather than the courts. It would be a disaster for free expression and innovation — and yet that’s exactly what Italy is seeking to do.

 

http://www.techdirt.com/articles/20131121/23374025331/italy-attempting-to-have-copyright-enforced-regulators-not-courts.shtl

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Battle for the future of Italy’s internet: Protests build against site-blocking law

 

Raffaele Mastrolonardo  for ZdNet

Italy’s internet is in turmoil, with the country’s telecoms regulator at the centre of the brouhaha.

A diverse coalition of activists, lawyers and ISPs is protesting against a draft regulation on digital copyright, which the Italian comms watchdog, AgCom, will finalise and approve in the next few weeks.

The regulation, they say, puts internet users’ freedom of expression in jeopardy and imposes an excessive economic burden on ISPs. The coalition has gone as far as to send an open letter to Laura Boldrini, the president of the lower house of parliament — where a few bills on copyright are currently waiting to be discussed — urging the assembly to take the matter into its own hands and suspend the regulation.

In parallel, two Italian MEPs have filed a parliamentary question to the European Commission on the subject, asking the EC to take a stance on the regulation.

The episode is the last in a series of events over the past few years where groups of Italian experts and users have mobilised (successfully, for the most part) against online regulation proposed by parliament or the government.

Freedom at risk?

follow on http://www.zdnet.com/battle-for-the-future-of-italys-internet-protests-build-against-site-blocking-law-7000022255/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Are Freedom and expression and information, guaranteed by Article 11 of the Charter of fundamental Rights of EU, threatened By Italian #AGCOM?

Alessandra Flora On Euractiv.

“Some experts are worried by a measure that allows the selective removal or disabling of access to illicit content.

According to those experts, it is unwise to remove occasional content posted by bloggers, journalists or common people, such as videos on YouTube and simple links to articles. This way, everyone could be prosecuted, not only criminals. Furthermore, how could AGCOM be able to check millions of links, articles and videos?

Nevertheless, Italian MEPs Niccolò Rinaldi (ALDE), Luigi Berlinguer and PatriziaToia (S&D) recenlty presented their questions to the European Commission, asking if the freedom of expression and information, guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union, are threatened by this measure.

Follow on http://italy.blogactiv.eu/

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Noam Chomsky on so-called Italian ACTA, the administrative procedures of Italian Communications Watchdog to block the web .

chomsky

 

 

 

 

I have learned, with much surprise and concern, about the policy initiated by the Italian Authority for Communication to shut down websites suspected of publishing anything protected by copyright. 

That condition is a severe and utterly intolerable attack on freedom of expression, which should be strongly resisted by everyone committed to free and open reporting, interchange, and commentary, the lifeblood of a free society.

Noam Chomsky

 

http://www.agoravox.it/Dovete-resistere-a-quest.html

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Freedom of the web at risk in Italy: Copyright to hide censorship.

censura

AGCOM, Italy’s independent and autonomous Communications Authority -with a putsch-   is about to decide to controversially appoint itself – without any further Parliament approval needed – to take on the powers to order the removal of any online content in case of presumed copyright violation.

 

It can black out foreign sites and take down Italian ones within 48 hours.

 

No further court decision is required for these actions to take effect.

 

The copyright industry has so obtained, without any parliamentary decision, from Italy’s Communications watchdog, to give itself the power to set up administrative procedures to block access to websites suspected of  copyright infringment .

The Regulation provides for the blocking of entire websites, domain names or IP addresses.

The legislation will passed definitively at   November.

Before this The European Union has to say yes or not  to the new rules.

A  decision of European Commission will expected at the beginning of November.

Some provisions of AGCOM’s bill  are “draconian”: according to the section 8, n 2, AGCOM   will to order to the access  providers  the disclosure of private information about subscribers and give them to the right holders.

According to section 10, n 2, point d, of the  new legislation “inciting, aiding and abetting” copyright infringment , even indirectly”,  will permit the complete seizure of Website.

A Campaign has been started by an alliance of organizations including the consumer groups, lawyers, and business.

In recent days they have launched a site  to coordinate opposition to the measures.

The Campaigners  noted that with this measures several orders for blocking access to blogs, media outlets and portals, moves which risk transforming the ISPs into internet “censors

These measures are both ineffective and deeply inimical to free expression due to the high risks of over-blocking.

They arew also concerned that blocking powers would be entrusted to a regulator rather than the courts.

However, Italian ISPs, associations and companies demonstrate that AGCOM  that it does not have the authority to take such action, but the Regulatory Body doesn’t listen the protesters.

 

Take action with http://sitononraggiungibile.info/?lang=en

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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AGCOM Measures against freedom of expression. Question for written answer to the Commission Rule 117 Niccolò Rinaldi (ALDE)

 

ALDE Party

Subject:  AGCOM — Online copyright infringement
On 25 July 2013 the Italian Communications Regulatory Authority, AGCOM, opened to public consultation the draft regulation on the protection of copyright on electronic communications networks and procedures for the implementation thereof pursuant to Legislative Decree No 70 of 9 April 2003. Annex B of the regulation sets out the powers that the Italian authority intends to grant itself in order to prosecute online copyright infringement.The resolution will in fact enable AGCOM to block — automatically and without any prior requirement to establish guilt, through the obligatory cooperation of Internet Service Providers — access to websites, blogs, online newspapers and other sources of information, including those outside Italian jurisdiction, and/or to remove content from the Internet if it suspects copyright infringement.

Freedom of expression and information, guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union, are seriously threatened by this measure.

— In view of the above, can the Commission, to which the AGCOM regulation in question was notified by the Italian authorities on 2 September 2013 (Notification No 2013/496/I), say whether it intends to take any action, and what form that action will take? What comments does it intend to make pursuant to Article 8(2) of Directive 98/34/EC?

— As guardian of the Charter of Fundamental Rights, will it not take action against the Italian authorities to prevent the spread of the effects of this harmful administrative measure, which could put due respect for freedom of expression, as guaranteed by international human rights instruments and in particular by Articles 6 and 7 of the EU Treaty and the Charter of Fundamental Rights, at risk within the European Union?

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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“Rojadirecta is Up for Battle Again in Italy”. The Center for Internet and Society at Stanford Law school.

 

pallone

 

 

 

 

 

 

By Giancarlo Frosio for The Center for Internet and Society at Stanford Law School

 

The ongoing claims against the Rojadirecta website for linking to streams of sporting events are novel and quite important in defining the rights and responsibilities of intermediaries that host links to possibly infringing content stored elsewhere.

While the U.S. case against Rojadirecta was resolved a few years, ago, litigation continues in Italy.

……………………………………….

 

The Rojadirecta cases show that Italy is setting up one of the harsher online environments for intermediaries. It often pursues copyright as a criminal case, rather than civil. This, in turn, allows the judicial authority to force Internet Service Providers to inhibit access to the infringing sites, which is a remedy unavailable in civil proceedings.

 

follow on the  The Center for Internet and Society at Stanford Law school Blog

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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A new dawn for wi-fi in Italy

 

zdnet_com

Summary: Changes to the law in Italy mean the burden of checking wi-fi users’ ID has been lifted from pubs, cafes and shops. Could public networks be about to explode in the country?

by Raffaele Mastrolonardo for zdnet

 

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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#Anonymous: They are Legion, not cyber-terrorists

 

17th May.

 

At dawn the Roman DA Office and the CNAIPIC[1] kick off operation “Tangodown” against some alleged members of Anonymous Italy: four people end up under house arrest, while six others are searched by police and dozens of computers and IT devices are sequestered by security forces. All those people are charged with the same accusations: criminal conspiracy aimed to damaging IT services, illicit IT communication interruption, abusive access to IT services.

 

In the following weeks Anonymous’ reaction is not long in coming: a steady stream of attacks first hits the Roman tribunal website, and then the ones belonging to security forces’ unions SIULP and SAP. Finally, they go for the big prize: they put the Ministry of Interior in their sights, whose servers get violated while stolen materials are published on the web.

 

This would be enough to deny the prosecutors’ official version that, a few hours after the arrests, was already talking about “having decapitated Anonymous’ leadership”.

 

And yet many other doubts are surrounding police detectives’ conduct: from resorting to anti – terrorism laws towards the activists to charging them with associative crimes that, if confirmed during the trial, could cost the defendants jail terms ranging from three to seven years.

 

Infoaut decided to read between the lines and interviewed lawyer Fulvio Sarzana, jurist and specialist in information law, that has been focusing on digital technologies and internet for ten years.

IFF – It is not the first time that the Anonymous Italy network gets targeted by security forces. In July 2011 already, the Roman DA office ordered dozens of search warrants against alleged members of the movement, notifying them charges of abusive access, damage to IT systems and public service interruption. Even then the investigators’ action was guided by the DA Perla Lori in coordination with CNAIPIC. Nonetheless there is a big difference between the two investigations: during the Tangodown operation the indicted have been charged for the crime of virtual criminal conspiracy, too. Actually, what does it change?

See more on Freeflow.org 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italy Has a Super #Prism

 

By Alex Roe

After the UK Guardian opened the Prism can of worms, others have been asking themselves if their governments have also been covertly snooping on private communications between citizens. One such person is Italian lawyer and internet law specialist Fulvio Sarzana.

In a recent entry on his blog, Sarzana claims that not only does Italy have a Prism equivalent, but that Italy’s Prism is far more insidious than the NSA’s super snooping system.

Curiously, Italy’s government passed Prism-type legislation rather soon after then prime minister Mario Monti returned from a trip to the USA earlier this year.

– See more at:

http://italychronicles.com/italy-prism/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Think US snooping is bad? Try Italy, India or…Canada

By Leo Mirani, Mumbai

 

silvio

 

 

 

 

 

 

Just because something is legal doesn’t necessarily make it a good thing. So far, legality is the main rationale US officials have used to defend the government’s PRISM spying program. It’s all perfectly legalapproved by Congress and the courts. But a more potent argument might be to compare PRISM with the spying programs of other countries. Compared to the data-mining that goes on elsewhere, US intelligence agencies may be relatively constrained.

Start with Canada, which many consider to be a cuddlier, saner version of the US. The Globe and Mail reports today that the Canadian defense minister approved a plan similar to PRISM back in 2005, and renewed it in 2011. Run by the Communications Security Establishment Canada (CSEC), a signals intelligence agency similar to the US’s NSA or Britain’s Government Communication Headquarters (GCHQ), the program collects metadata from phone and internet communication.

follow on  Mirani’s  Blog

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Privacy: too little or too much?

By Kay Wallace for La Repubblica

 

 

In the last few days, journalists in the USA and the UK have been getting worked up about individual privacy in the wake of the Prism scandal. At the same time, Italian journalists were arguing that you can sometimes have too much privacy.

The Italian media has been full of the news that the Government Communication Headquarters (GCHQ) has been eavesdropping on British citizens. After reports that the US National Security Agency (NSA) is using a powerful new technology to keep an eye on millions of individuals’ online activities, collecting information directly from internet servers, it now seems that GCHQ has been using the same technology since June 2010. Interviewed on the BBC, Foreign Secretary William Hague refused to confirm or deny the claims, trotting out the usual justification that governments and security services everywhere use when accused of invading their citizens’ privacy:

“If you are a law-abiding citizen of this country going about your business and personal life, you have nothing to fear about the British state or intelligence agencies listening to the content of your phone calls or anything like that.”

An Italian expert in internet and telecommunications law, Fulvio Sarzana, reacted to the news by claiming that his country has no need for such sophisticated technologies, because a law passed at the beginning of this year by the outgoing Monti government gives Italian intelligence services even greater powers.

In his blog, Saranza writes that the “Directive concerning guidelines for the protection of national cyber security” forces telecommunications operators and internet service providers to allow security services access to their databases for unspecified “security” purposes. It goes even further, forcing those who run airports, dams, energy company and transport services, among others, to do likewise. No court order is required and there is no supervision by the Authority for the Protection of Persona Data.

 

Follow on La Repubblica

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright on line: Cyberlocker Not Responsible for Pirating Users, Court Lifts ISP Blockade

As part of a criminal investigation by Italian authorities, 27 file-sharing related sites had their domains blocked by local ISPs last month. Rapidgator, one of the largest cyberlockers on the Internet, was among the targeted sites and chose to appeal the verdict.

This week  Rome’s Court of Appeal ruled that the Rapidgator blockade should be lifted as the site’s operators are not responsible for alleged copyright infringements carried out by their users.

 

Follow on Torrentfreak

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian Court Overturns Seizure Of Cyberlocker Rapidgator

Mike Masnick on Techdirt.

In April we wrote about how Italian law enforcement had blocked over two dozen websites after the industry claimed they were responsible for copyright infringement.  There was no trial, no adversarial hearing where the sites were able to defend themselves.  Just: entertainment industry complains, law enforcement buys the complaints, tells a judge and boom, site gone.  One of the cyberlockers blocked in this effort, Rapidgator, challenged this blockade, and it has quickly won a reversal.  Rapidgator’s lawyer, Fulvio Sarzana, was kind enough to send us the details, and it appears the court understood why the initial blockade was hugely problematic.
The court overturned the ruling that came out of the investigation, and made a few key points, according to Sarzana.   He said that court ruled that cyberlockers are legitimate if they have a notice and takedown system, and that the owner of the site is not liable for infringements done by users (basic secondary liability protections).  It also said that the seizure of an entire site goes “against the principles of reasonableness, proportionality and adequacy.”
Unfortunately, the ruling only applies to Rapidgator, since it was the only one who hired a lawyer in Italy and appealed.  In response to the ruling Sarzana issued the following statement:

The copyright holders contend that the only way in which they can obtain effective relief to prevent, or at least reduce infringements of their copyrights is by means of an order against  ISPs.  But this is stupid since the concerns about over-blocking, and ease of circumvention  are widely recognized.  Blocking through the ISPs  is not a silver bullet to stop web  copyright infringement.  It is, in fact, a way to balkanize the web.

Follow on Techdirt

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright on line: The Court of Appeal of Rome, Italy, declared legal the Cyberlockers.

chiavepcThe Court of  Appeal (“riesame”)  of Rome overturn the verdict against  Rapidgator ( cyberlocker)  Seizure.

Fulvio Sarzana, an italian lawyer of Sarzana and Partners law firm, based in Rome,  specialized  in internet related matters,   has successfully obtained, on behalf of  Rapidgator ltd,  an important  judgement  In Italy on Cyberlocker sites and copyright infringment

Cyberlockers are 3rd-party file-sharing services.and  are also known as ‘file hosting’ services.

Driven by advertising and subscriptions, these cyberlockers provide password-protected hard drive space online.

The “riesame” ( appeal)  Court  overturned  a verdict of Preliminary investigations Judge of Rome that have seized the Rapidgator site for copyright infringment ( among 26 others).

The Court said “ having regard to Articles 322 and 324 of the (Italian)  Criminal Procedure Code,  granting the request of appeal, The Court cancel the appealed decree, that precludes the use of the site www.rapidgator.net for the purpose of storage for third parties (even though the payment)”.

The Court therefore declared the legitimacy of cyberlocker, if there is a system of notice and take down.

The Court also ruled that the owner of the portal can not respond to violations committed by the individual user.

The seizure of the entire site then contrasts against the principles of reasonableness, proportionality and adequacy.

The dispute began in december 2012,  when an italian  small film distributor, (with the assistance  to the Italian’s Copyright collecting society, SIAE )  filed an action in the  Court of Rome against 27  internet websites, alleging they   had authorised the  file sharing of a single  Movie “a monster from paris”  of its users.

Th Judge of Rome  ordered to the ISP to block access to 27 web sites ( filesharing providers and  cyberlockers)  accused of  consent   illegal file-sharing  .

Among others, Uploaded, BitShare, NowVideo, NowDownload, VideoPremium, QueenShare and ClipsHouse.

The now favorable verdict is limited   to the cyberlocker  Rapidgtor since the other web sites haven’t made happeal

Fulvio sarzana said “I’m pretty happy:   the Copyright holders  contend that the only way in which they can obtain effective relief to prevent, or at least reduce  the infringements of their copyrights is by means of an order against  ISPs.

But this is stupid,  since the Concerns about over-blocking, and ease of circumvention  are widely recognised .  

That blocking through the ISPs  is not a silver bullet to stop web  copyright infringement, but is in fact a way  to  balkanize the web “

The investigations will continue since the prosecutor  has however requested the authorities of the countries where the servers of cyberlocker sites are to release informations  of  the beneficial owners.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian ‘Tango Down’ operation arrests 4 Anonymous hackers. Virtual conspiracy?

Italian police arrested four suspected hackers Friday, accusing them of having taken control of the Italian branch of the Anonymous network.

The alleged hackers, aged between 20 and 34, were placed under house arrest near the northern cities of Bologna, Turin and Venice, and in the southern town of Lecce.

Six more people were placed formally under investigation and a total of 10 premises were raided at the conclusion of a two-year police investigation code-named “Tango Down.”

http://www.pcworld.com/article/2039020/police-arrest-anonymous-suspects-in-italy.html

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian ISPs, bodies ask AgCom not to act against web piracy

The copyright industry has asked Italy’s Communications Authority (AgCom) to give itself the power to set up administrative procedures to block access to websites that facilitate piracy. However, Italian ISPs, associations and companies have sent an open letter to the regulator, saying that it does not have the authority to take such action and that this would be an expensive burden on state finances.

The letter was signed by the following organisations:

ALTROCONSUMO associazione indipendente di consumatori

ASSOPROVIDER (associazione provider indipendenti) –Confcommercio

ASSONET Associazione Nazionale Imprese nel Settore delle Telecomunicazioni e dell’informatica

AIIP, Associazione Italiana Internet Provider

Associazione Articolo21, liberi di…

Free Hardware Foundation Italia

IWA Italy – International Webmasters Association

Linux Club Italia

Stati Generali dell’ Innovazione

Rete dell’Innovazione

APICI, Associazione Piccole Imprese e Consulenti per l’Informatica

Liber Liber (ONLUS)

ASSINTEL- Associazione Nazionale Imprese ICT-Confcommercio

Fondazione AHREF-Bruno Kessler

Fondazione Il secolo della Rete

CNA Comunicazione

CNA  Con federazione Nazionale artigianato, piccole e medie imprese Giovani

CGT Circolo dei Giuristi telematici

following on Telecompaper

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Crackdown on File sharing. Rapidgator and ISPs Appeal Domain Name Blockade and Seizure

Earlier this week in a copyright infringement crackdown initiated by the Italian authorities more than two dozen file-sharing domains were placed on ISP blocklists. One of those domains was Rapidgator, one of the world’s leading cyberlocker sites. Rather than simply rolling over, Rapidgator is now fighting back with with the assistance of an Italian lawyer experienced in handling Internet-related litigation. ISPs are also reportedly filing appeals.

rapidgatorFollowing a copyright infringement complaint from a small Italian distributor of a cartoon movie and a subsequent investigation by Italy’s Cybercrime Police, on Monday the Public Prosecutor of Rome targeted a total of 27 file-sharing related domains.

The sites, mainly storage and streaming operations, had their domain names blocked at the ISP level and rendered inaccessible in Italy.

While the list includes reasonably well known sites such as Uploaded, BitShare, FreakShare and VideoPremium, it also features one of the largest file-sharing sites on the Internet.

Currently ranked by Alexa as the 312th largest site in the world, Rapidgator is one of the leading file-hosting sites on the Internet and the 10th largest file-sharing site overall. It has also attracted the attention of the USTR as a so-called “notorious market.”

Rapidgator is Itay’s 284th most popular site but the current case has the potential to hurt the site beyond Itay’s borders. The prosecutor has already indicated that the local case could be progressed internationally with an eye on not just domain blocking but full-blown domain seizure.

Given this backdrop it’s unsurprising that Rapidgator has decided to fight back. The site has hired Fulvio Sarzana, a lawyer with the Sarzana and Partners law firm who specializes in Internet and copyright disputes.

sanzanaIn 2011 Sarzana obtained an order to stop a blockade of 493 domain names at the center of a trademark dispute.

“Rapidgator has given me the power of attorney to defend him in this trial in Italy,” Sarzana informs TorrentFreak. “On Wednesday we filed an appeal to the “riesame” (appeal) court of Rome.”

With an appeal now filed, Sarzana says that Rapidgator will gain access to information gathered during the initial investigation which will also reveal how far the process to seize the site’s domain has progressed.

“We will see if the prosecutor has already sent the general request of domain seizure to the international bodies, as he prescribed in the seize decree,” Sanzana explains.

While the 27 sites targeted in the action have a real interest in filing an appeal, there are other parties that are becoming increasingly affected by these type of actions.

Since 2010 Italy’s ISPs have been asked to block dozens of sites, many of them related to file-sharing.

Sarzana says that he is now aware that some ISPs have also filed appeals against the current blocking order.

follow on Torrentfreak

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The full list of 27 filesharing domains seized by the Judge of Rome, Italy

The Public Prosecutor of Rome, Italy, has targeted a total of 27 file-sharing related sites,  cyberlocker and other linking services.

This is the full list of 27 domains:

clipshouse.com
cyberlocker.ch
ddl-fantasy.org
filmfreestream.org
filmnuovistreaming.com
filmpertutti.tv
flashdrive.it
flashstream.in
freakshare.com
gatestreaming.com
italiafilm2.com
likeupload.net
megaload.it
nowdownload.co
nowvideo.co
panicmovie.altervista.org
queenshare.com
rapidgator.net
robin-film.net
speedvid.tv
streamingworld.forumcommunity.net
uploaded.net
uploadjet.net
videopremium.net
yourlifeupdated.it

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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27 portals of major file sharing, cyberlocker and bittorrent including Nowvideo, Nowdownload, Videopremium, Rapidgator, Bitshare, Queenshare, Uploaded, Cyberlocker, Clipshouse) have been seized in Italy, at a request of the Public Prosecutor of Rome.

censuraA “Monster” from Rome: 27 portals of major file sharing, cyberlocker and bittorrent (including Nowvideo, Nowdownload, Videopremium, Rapidgator, Bitshare, Queenshare, Uploaded, Cyberlocker, Clipshouse) have been seized in Italy, at a request of the Public Prosecutor of Rome.

 

The Prosecutor asks for the domain to be definitively shut down.

 

 

The battle against online file sharing has ramped up.

 

The Public Prosecutor of Rome, Italy, has launched a large offensive on copyright infringing sites, seizing 27 Web site linking to file sharing, cyberlockers and file hostinginternational sites such as Nowvideo, Nowdownload, Videopremium, Rapidgator, Bitshare, Queenshare, Uploaded, Clipshouse, and more, in the largest operation against filesharing and torrents known in the world since May 26 of 2010, when the US Homeland Security Department seized over 70 domains.

 

The domains of sites linking to torrent files, in order to downloadillegal copies of music and movie, have been seized this week as ordered by Preliminary investigation  Judge  of Rome, at the request of the public prosecutor, following an investigation of the Italian cybercrime Police.

Both the DNS addresses of the sites and their domain name  have been made inaccessible to Italian users by all Italian ISPs (Internet service providers), in such a way to deprive users of the possibility to access to their files hosted in the sites.

 

But the operation is not limited to the Italy, as the Public prosecutor asks for seizing the domain associated to the sites, too.

 

The shutdown affects millions of people, leaving in the dark hundreds of thousands of Italian users who have obviously nothing to do with copyright infringements, having simply purchased via premium systems the possibility to exchange large files.

 

Italian lawyer Fulvio Sarzana, of Sarzana and partners law firm, specialized in internet related matters and involved in the past in the major copyright disputes, assisting providers and file hosting providers ,has declared “I think that operations like this one could  jeopardize freedom of speech, and endanger legitimate web sites, being also a risk for the civil liberties. Copyright cannot be considered as a more essential right than freedom of expression, or a more important matter than a free and open internet.

The order of the seizure of the websites has been given at the request of a small Italian distributor for one single cartoon movie: it is clear that there is not any proportion between the seizure of entire sites (and domains) containing millions of legal files and the potential violation of the copyright of a single movie.”


 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italy Banning Binary Options – Blocks IPs. Is that a Gambling on line?

 

By Ron Finberg

 

In a dramatic move, the preliminary investigations by the Judge of Rome, on the order of the Public Prosecutor of Rome, under request from Italian financial regulator Consob has directed Italian ISPs to block numerous binary options cites from appearing in Italy. Banned sites are ipotion.com, tradersmarter.com, bocapital.com, eztrader.com, startoptions.com, and anyoption.com.

According to the reports that were first posted by Italian language news sites late last month, Consob believes that binary options closely could resemble gambling and are the aforementioned firms are not in compliance with Italian financial rules.

 

Follow    on Forexmagnates

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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italian court: copyright crimes as stolen goods

Italian Public Prosecutor Says File-Sharing Site Is ‘Receiving Stolen Goods’

http://www.lidis.it/eng/newsdetail.asp?ID=997

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Conference: “The new copyright law: the European debate, commitments for the next Italian legislature “

Group of the Progressive Alliance of Socialists & Democrats in the European Parliament

“The new copyright law: the European debate, commitments for the next  Italian legislature”

Thursday, December 20,

Hall of Flags
European Parliament Information Office in Italy
Via IV Novembre 149, Rome

14h30
Hours: Luigi Berlinguer, MEP PD ( Democratic Party)

14h45-16h30
First round table: The contents

Chair: Matthew Orfini, Head of Democratic  Party cultural department

The representatives of the following organizations:

     FIMI Italian Music Industry Federation
     Altroconsumo, Consumer Association
     Google Italy
     Deezer Italy
     Association of Authors 100
     SAISLC CGIL – FISTEL CISL – UIL UILCOM
     Italian Association of Phonographic

with the presence of:
Silvia Costa, MEP PD

16h30 – 18h15
Second round table: The rules

Chair: Paolo Gentiloni, MEP Democratic Party

Speakers:

     Maurizio Decina, Commissioner NRA (AGCOM)
     Manlio Mallia, Deputy General Manager SIAE ( Authors and Editors Association)
     Mr. Fulvio Sarzana,  Lawyer
     Marco Polillo, President Italian Publishers Association
     Paul Marzano, President of the Advisory Committee for the Right of Author
     Prof. Marco Ricolfi, Nexa, University of Turin
     Arturo Di Corinto, La Repubblica journalist
     Giuseppe Mazzotti, Digital Forum, Center for European Policy Studies
     Vincenzo Vita, Senator PD

18h15 Conclusions: Luigi Berlinguer

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright: Avaxhome file sharing banned in Italy following a Mondadori publisher complaint.

The Milan public prosecutor has ordered the seizure of assets of the Avaxhome “digital newsstand”, a portal for “sharing” newspapers, books, comics and music DVDs. The claim of receiving stolen goods against the site was validated by the investigating magistrate in Milan after a complaint by Italian publishing group Mondadori in June. The website is based in Russia, and Italian ISPs have now blocked access to the site.

The case of Avaxhome reminiscent in some ways the story Megaupload, specializing in the sharing of movies. It follows the seizure ordered by Spain of another popular  newsstand, Kiosk.

 “But in addition to the breach of copyright – says the lawyer Fulvio Sarzana, legal  of  ISP association – for the first time in Italy is pursuing those who publish articles on the web as if they had sold a stolen car.

The danger is that all those who publish articles on Web of others without authorization can be investigated for a crime so serious.

More information here

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Court of Rome and computer crimes: the wi-fi connection in the case of possession of pedophile material, can not prove the guilt of the accused, access to pedophile sites on the Internet can also occur accidentally and connection logs providers do not have evidential value.

It ‘a judgment intended to be debatable that emitted by the seventh section of the Criminal Court of Rome, which tackles the delicate issue of access to websites from the pedophile content, establishing principles somewhat surprising.

The case brought to the attention of the Court Capitoline originated from an investigation by the police of Luxembourg who had reported to Interpol , the world’s largest international police organization, with 190  member countries,  the presence of a large number of Italian navigators that would be connected to a pedophile site located abroad.

The identification of Italian navigators had taken place through the connection of computer evidence gathered by the same Interpol.

Among the defendants was an italian manager, defended by Fulvio Sarzana di S. Ippolito, of Sarzana and Partners Law Firm, who had a home broadband internet connection through the wireless system called WI FI.

The Court of Rome, by judgment of 11 June 2012,  sent acquitted the man for not having committed the crime, establishing some important principles in the collection and identification of evidence of a crime committed through the Internet.

Among the principles established by the Court of Rome that there is access to a pedophile site may be accidental and not a criminal offense, the nature of child pornography images must be rigorously proven,  that a wi-fi connection can also be used by third parties that may have interfered illegally in the computer system of the accused and, above all, that the evidence of the connection to a website acquired from the internet service provider, through the so-called log connection, or evidence of access to a specific website if not acquired and stored in accordance with the law, are unusable.

This profile is bound to have important consequences in all crimes that are done through the internet.

For the first time in Italy in fact a court applies in favor of the accused, the rules  of transposition of the Budapest Convention of 2008 on crimes via the Internet,  asserting that the failure on the part of the organs investigation  of the collection of data Internet connection to the internet service provider, to be able to render useless the evidence gathered.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Italian ISPs against forced blocking of websites

The Italian association of ISPs (Assoprovider) has challenged ( through the Sarzana and Partners Law Firm)  a decision by the Italian Appeals Court of Milan to block the Indymedia website, accused of transmitting false information against a multinational company.

According to the ISPs, such measures violate the free circulation of information and block the development of e-commerce. Assoprovider noted that in recent weeks there have been several orders for blocking access to blogs, media outlets and portals, moves which risk transforming the ISPs into internet “censors”.

source http://www.telecompaper.com/news/italian-isps-against-forced-blocking-of-websites#.T_MrKwoynHc.facebook

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Freedom of press and expression: The blocking of access to users Italians adopted through the seizure of the the Italian providers’s IP and DNS, in case of alleged defamation is illegal, an Italian Court said.

The blocking of access to users Italians adopted through the seizure of the the Italian providers’s  IP and DNS, in case of alleged defamation, must be considered excessive in relation to the legal right to be protected.

The seizure of a website should be  solely on one or more offensive phrases and only if the sentences haven’t  been deleted in the meantime (which in the case had already been made by the owner of the site, as certified by fax sent to the provider by the police post on March 9 the same note).

This was decided by the Court of the Freedom of Belluno, Italy, chaired by the President of the Court Sergio Trentanovi (Judge Antonella Coniglio and Elizabeth Scolozzi) ,  on March 9.

The site Vajont.info, except one  ironic phrase against an Italian Silvio Berlusconi Party Mps, On. Maurizio Paniz, must then return in its entirety on the web.

The Court therefore accepts the claim of the 200 Internet Service  Provider of  Confcommercio,  belonging to the Association “Assoprovider”, proposed by the lawyer Fulvio Sarzana di S.Ippolito, who, immediately protested to the amplitude of the measure imposed by the judge for preliminary investigations of Belluno Sergio Giancotti.
The provider had complained about the serious risks to the constitutional rights of free expression and the right to information related to execution of the measure.
The lawyer had argued the measure in front of  the Board chaired by the President of the Court on March 9.
The Court established two principles:
1) The Judge of preliminary investigations  would only order the seizure of the alleged defamatory words and not the entire site, arguing that otherwise would place serious  risks  to the protection of freedom of thought, freedom of speech and press as protected by Article 21 of the italian Constitution.
2) The measure of inhibition to the Italian surfers through the ISP’s DNS and IP covered by the order of execution signed by the prosecutor are too high in order to the good to  be protected, in this case the reputation of  Hon Maurizio Paniz.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Police error adds Google, Facebook, and more to Danish child pornography blacklist

An enourmous error led to two Danish ISPs mistakenly blocking around 8,000 websites, including Google and Facebook, for several hours on the grounds of containing child pornography. Customers of the Siminn ISP who tried to access the affected pages were greeted with the following message:

“The National High Tech Crime Center of the Danish National Police [NITEC], who assist in investigations into crime on the internet, has informed Siminn Denmark A/S, that the internet page which your browser has tried to get in contact with may contain material which could be regarded as child pornography. Upon the request of The National High Tech Crime Center of the Danish National Police, Siminn Denmark A/S has blocked the access to the internet page.”

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Former presidential Candidate Senator John Mc Cain Introduce on friday SECURE IT Act

Senator John McCain (R-AZ) introduced two days ago at the USA Senat,  the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012 (SECURE IT Act).

The bill’s cosponsors include Senators Kay Bailey Hutchison (R-TX), Chuck Grassley (R-IA), Saxby Chambliss (R-GA), Lisa Murkowski (R-AK), Dan Coats (R-IN), Ron Johnson (R-WI), and Richard Burr (R-NC).

In a hearing in the Senate Committee on Homeland Security and Governmental Affairs last month, Senator McCain expressed procedural and substantive concerns about the “Cybersecurity Act of 2012,” S. 2105, which was sponsored by Senators Joseph Lieberman (I-CT), Susan Collins (R-ME), Dianne Feinstein (D-CA), and John D. Rockefeller, IV (D-WV), and he announced his intention to put forward a competing cybersecurity bill

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright: ACTA to be examined by top EU court

Trade commissioner Karel De Gucht announced the move on Wednesday, saying he shared protestors’ concerns about freedoms and rights. He said the referral to the European Court of Justice (ECJ) would cut through the “fog of uncertainty” surrounding the pact.

”I am glad to say that this morning my fellow commissioners have discussed and agreed in general with my proposal to refer the ACTA agreement to the European Court of Justice,” De Gucht said in a statement. “We are planning to ask Europe’s highest court to assess whether ACTA is incompatible — in any way — with the EU’s fundamental rights and freedoms, such as freedom of expression and information, or data protection and the right to property, in case of intellectual property.”

source: http://www.zdnet.co.uk/news/intellectual-property/2012/02/22/acta-to-be-examined-by-top-eu-court-40095104/

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The collapse of Vajont Dam: Italian Judge seize the historic portal for a sentence offensive to the reputation of two Mr. Berlusconi Mps.

The Judge of the preliminary investigations of Belluno, Italy,  on  request of local Prosecutor, has ordered the seizure of www.Vajont.info portal, the website that told with pictures and articles, the story of the massacre following the collapse of the dam Vajont of 1963, that claimed the death of 1910 people, for a sentence considered offensive to the reputation of Mr Domenico  Scilipoti and Maurizio Paniz,  two MPs from the majority of former Prime Minister Silvio Berlusconi.

On 12 February 2008, while launching the International Year of Planet Earth, UNESCO cited the Vajont Dam tragedy as one of five “cautionary tales”, caused by “the failure of engineers and geologists”
The measure requested by the prosecutor  however, has been adopted not only for a page containing the sentence or   the whole portal, but also against 226 internet service providers Italians, who were ordered to “restraining the respective users access to the web www.vajont.info, with aliases and domain names present and future, returning to that site, the static IP address that at the time of seizure is associated the said domain name, and any additional static IP address that will be associated in the future (interdiction to address resolution via DNS). “

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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SABAM vs. Netlog: general filtering systems for the prevention of copyright infringements are disproportionate

The European Court of Justice has issued a ruling today in the case SABAM v Netlog NV where it confirms its prior decision in the Scarlet case.

The Court first ruled that the implementation of general filtering systems collides with the prohibition contained in the E-Commerce Directive to Member States to impose a general obligation to monitor on service providers conducting activities of mere conduit, caching and hosting.

On 10 July 2010, the Brussels Court of First Instance denied the penalty payment request and submitted a question for preliminary ruling. The Court of First Instance asked the European Court whether or not a national judge may issue an injunction against a hosting service provider to filter most of the information stored on its servers in order to identify electronic files containing musical, cinematographic or audio-visual work, and subsequently to block the exchange of such files. The injunction that SABAM requested covered all Netlog customers, in abstracto and as a preventive measure.

 In today’s decision, the Court decided that it is against European law to order such a measure. The generality and broadness of such an injunction is against freedom of communication, privacy rights and freedom to conduct business.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Spanish Supreme Court to review Sinde Law Piracy with worldwide implications.

Spain’s Supreme Court has agreed to consider a complaint brought by a group representing web users against the government’s so-called ‘ley Sinde’ anti-download law that aims to protect copyright material.

The appeal also requested an injunction of the codes, which will be enforced starting March 1.

The Supreme Court gave the government 10 days to address the request. Regardless of the injunction, any move to shut down web pages will eventually be conditioned by the court’s ruling.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Internet freedom and copyright law

The Economist on ACTA “That is probably exaggerated: ACTA is intentionally vague (signatories are left to draw up precise rules themselves). But it is potentially draconian. Infringers could be liable for the total loss of potential sales (implying that everyone who buys a pirated product would have bought the real thing). It applies to unintentional use of copyright material. It puts the onus on website owners to ensure they comply with laws across several territories. It has been negotiated secretively and outside established international trade bodies (despite EU criticisms)”.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Czech government suspends process of ratification of ACTA – PM

Prague – The Czech government will suspend the process of ratification of the Anti-Counterfeiting Trade Agreement (ACTA), Prime Minister Petr Necas (Civic Democrats, ODS) said today, adding the government will still analyse the issue.

http://www.ceskenoviny.cz/news/zpravy/czech-government-suspends-process-of-ratification-of-acta-pm/751437

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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US Supreme Court: Copyright VS Public Domain 1-0.

from Wikipedia.

Golan v. Holder[1], 565 U.S. ___ (2012), was a United States Supreme Court case case originally filed in 2001 challenging the constitutionality of the application of Section 514 of the Uruguay Round Agreements Act, a treaty seeking to equalize copyright protection on an international basis. In the United States, the Act restored copyright status to foreign works previously in the public domain. The two main arguments against the application of the Act in the case were that restoring copyright violates the “limited time” language of the United States Constitution‘s Copyright Clause, and that restoring to copyright works that had passed into the public domain interferes with the peoples’ First Amendment right to use, copy and otherwise exploit the works and to freely express themselves through these works, thus also violating the Constitution’s Copyright Clause.[2]

The US Supreme Court held on January 18, 2012 that Section 514 of the Uruguay Round Agreements Act does not exceed Congress’s authority under the Copy­right Clause, and the court affirmed the judgment of the lower court by 6-2, with the opinion written by Justice Ginsburg.[2] The practical effect of the decision is that works that were once free to use, such as Prokofiev’s Peter and the Wolf, are no longer in the public domain, with the result that if used, are now subject to use only with the permission of the copyright holder, such as in paid licensing rather than without compensation to the copyright holder.[3]

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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EU signed controversial ACTA treaty

The European Union has signed today in Tokyo the Anti-Counterfeiting Trade Agreement (ACTA).

Now the treaty can be formally ratified and adopted into law once it has been cleared by the European Parliament.

The treaty contains also enforcement procedures against digital copyright infringement.

In particular ACTA allow to the rights owners to ask to Internet Service Providers (ISPs) informations about their clients , where the latter has a sufficient claim that the user is breaching their copyright.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Privacy and ‘right to be forgotten’ (i.e. oblivion): EU present a new law

 The European Union present today a new law safeguarding the Internet users’s ‘right to be forgotten’.
  If it is approved, this law will enable users to request the cancellation of personal information from all online Websites, from social networks to any other company’s site.

The proposal is part of a broad review of the European Commission’s 1995 Directive on data protection.

According to the new legal provision, people will be able to impose on companies their right to cancel their personal data from data-banks unless the latter hold a “legitimate” right to continue conserving them.

source: AGI Munich

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The Italian law SOPA format

Here, an interesting article on so called Italian SOPA Law, by the mynewsportal.it.

“Our government also, in particular the Honourable Fava Northern League, wanted to present a bill that , Once approved, would go to obscure sites “suspects” have outraged the copyright laws.”

and

In addition to retrace the steps of the U.S. law that aims to consider the law responsible for the violations from time to time also recorded service providers “to make available to the recipient’s tools or services … more, in particular organizational or promotional, or adopt procedures for submitting information is not necessary to perform services covered by this Decree, that are suitable to facilitate or promote the marketing of products or services by the service recipient”.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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New European Directive that propose a revised Intellectual Property Rights Enforcement directive, Commissioner Barnier Said.

The Commission is closely monitoring developments in our Member States and other countries in the field of intellectual property rights and online piracy, including the current debate in the US Congress on proposed legislation.

It is the Commission’s intention to propose a revised Intellectual Property Rights Enforcement directive i by the end of 2012.

As a principle, theft of property cannot be tolerated.

The European Commission will facilitate licensing of music and other works by establishing a level playing field in the single market for collective management of rights.
Through its revision of the Enforcement Directive, the Commission will ensure that operators that solicit copyright infringements by individuals and derive profit from this are rapidly identified and sanctioned by the courts in the Member States.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Copyright: Italian market for neighbouring rights will be free? An open competion for foreign collecting societies.

On 20 January the new Italian Prime Minister Prof Mario Monti passed a reform (known as “Decreto Liberalizzazioni”.

It seems that that will be a changement in the legal discipline of the Italian Monopolist Collecting Society (SIAE)

According to Article 39(2) of the Decreto Liberalizzazioni:
“To favour the creation of new undertakings aimed at protecting the rights of artists, performers and executors, by enhancing competitive pluralism and allowing for a more economic-oriented management, as well as by favouring the actual involvement and control by rights owners, administration and intermediation activities relating to neighbouring rights, pursuant to the Italian Copyright Act – no matter how these are carried out – are free.”

The Article 180 of the Italian Copyright Act provided for intermediation activities in the field of neighbouring rights be carried out exclusively by SIAE.

It’s not clear, at the moment, what will be about the SIAE Monopoly and if will be an open competion by italian and foreign collecting societies.

UPDATE: The English Translation of the Article 39(2) of the Decreto Liberalizzazioni, in the body of article, was by Eleonora Rosati from her 1709 blog . Sorry for the misunderstending. fs

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Justice Department Charges Leaders of Megaupload with Widespread Online Copyright Infringement

Seven individuals and two corporations have been charged in the United States with running an international organized criminal enterprise allegedly responsible for massive worldwide online piracy of numerous types of copyrighted works through Megaupload.com and other related sites, generating more than $175 million in criminal proceeds and causing more than half a billion dollars in harm to copyright owners, the U.S. Justice Department and FBI announced today.

This action is among the largest criminal copyright cases ever brought by the United States and directly targets the misuse of a public content storage and distribution site to commit and facilitate intellectual property crime.

source FBI homepage http://www.fbi.gov/news/pressrel/press-releases/justice-department-charges-leaders-of-megaupload-with-widespread-online-copyright-infringement

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Dutch court orders block on Pirate Bay website

 Two Dutch cable companies were ordered by a court on Wednesday to block access to the website The Pirate Bay to prevent the illegal downloading of free music, films and games in case brought on behalf of the entertainment industry.

source: http://www.reuters.com/article/2012/01/11/us-dutch-internet-ban-idUSTRE80A1AE20120111

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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The European Data Protection Supervisor (EDPS) priorities for 2012

The European Data Protection Supervisor (EDPS)  sets out on january 10th,  his priorities for 2012 in the

area of legislative consultation by publishing his strategic planning document, the Inventory.

Here, the EDPS identifies issues of strategic importance that will form the cornerstones of his

consultation work for 2012, while not neglecting the importance of other legislative

procedures where data protection is concerned.

source http://www.edps.europa.eu/EDPSWEB/webdav/site/mySite/shared/Documents/EDPS/PressNews/Press/2012/EDPS-2012-01-Inventory_2012_EN.pdf

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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European Court of Justice clarifies when customs authorities may detain imitations or copies in transit within EU territory

According to a recent judgement of the European Court of Justice, member states customs authorities would be entitled to act in cases where goods which are in transit on EU territory violate intellectual property rights protected in the European Union. The Court clarifies that for that purpose, it has to be demonstrated that there has been a commercial act directed to European consumers, such as advertising of these products in EU market.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Spain rescinds private copy tax, adopts anti-piracy law

Spain’s newly elected conservative government has annulled the country’s conterversial ‘Canon Digital’, a tax applied to media content storage devices and supports.  After negotiating with the sector, the government will pay rights holders fair compensation for consumers’ private copy rights out of the federal budget. The private copy tax was established in 1987 but was severely criticised by the Spanish and European judiciary.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Apple fined € 900K in Italy for misleading warranty claims

Apple was fined a total of €900,000 ($1.2m) by the Italian Antitrust Authority in december for failing to properly inform customers of their legal right to two years of warranty service under Italy’s Consumer Code.

The agency says Apple only disclosed its own standard one-year warranty and offered to sell customers AppleCare for the additional year instead of abiding by the law — pretty shady stuff, actually.

This decision is meant to become a ground breaking precedent in the sector as it shows the need for companies acting in the Italian market to localise their terms and conditions and to ensure the maximum level of transparency to consumers on their rights.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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tv frequencies in Italy: is the beauty contest’s stop real?

The Italian government is thinking about how it could restructure its Digital Television frequencies in order to boost public revenue.

DTT frequencies are currently assigned without a fee based on criteria set by Italian telecommunications regulator Agcom and the Industry Ministry.

the Ministry of Economic D