Tagged Posts ‘computer crimes’




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

Studio Legale Roma Sarzana & Associati
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Published by on October 9th, 2014 Comments Off

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.





Fulvio Sarzana

Studio Legale Roma Sarzana & Associati
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Published by on December 3rd, 2013 Comments Off

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

Studio Legale Roma Sarzana & Associati
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Published by on October 20th, 2013 Comments Off

#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

Studio Legale Roma Sarzana & Associati
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Published by on June 18th, 2013 Comments Off

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.


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Fulvio Sarzana

Studio Legale Roma Sarzana & Associati
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Published by on June 3rd, 2013 Comments Off

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.

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Fulvio Sarzana

Studio Legale Roma Sarzana & Associati
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Published by on May 31st, 2013 Comments Off

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

Studio Legale Roma Sarzana & Associati
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Published by on May 8th, 2013 Comments Off