March 2018 WILMap Updates

SESTA and FOSTA SESTA (in the Senate) and FOSTA (in the House) are both bills that would amend Communications Decency Act Section 230 ( CDA 230 ) to create new

The draft directive aims—inter alia—to close the so called “value gap” between Internet platforms and copyright holders. To that end, the proposed reform includes a provision that would impact platform

In similar facts to the earlier 2012 decision, Mr Trkulja again brought a claim in defamation against Google for defamatory search results. Google Inc. sought to set aside service outside

This report analyzes how the internet challenges the fundamental rights of privacy and free expression. In particular, it emphasizes tensions that arise from the interdependence and mutual support of privacy

This report identifies freedom to express online as a right. It recognizes four principles as preconditions to internet ‘universality’: (1) human rights; (2) openness; (3) accessibility; and (4) multi-stakeholder participation

Plaintiff brought a claim against a small, non-profit entity that operated a blog and permitted public comments, claiming it should be liable for a defamatory comment posted by a user.

Curia, www.curia.europa.eu European Commission, Digital Agenda for Europe, https://ec.europa.eu/digital-agenda European Commission, The EU Single Market, Online Services, http://ec.europa.eu/internal_market/e-commerce/index_en.htm

Center for Democracy & Technology, Intermediary Liability, https://cdt.org/issue/free-expression/intermediary-liability Electronic Frontier Foundation, https://www.eff.org Eric Goldman's Technology and Marketing Law Blog, blog.ericgoldman.org including a discussion of all Section 230 cases so far

Plaintiff’s personal information and photos in Google’s search engine were displayed together with pictures of major known criminals in Melburne, Australia. Plaintiff sued Google for defamation and required the content

This legislation focuses on various issues. It obligates Internet Service Providers (Access Providers) to develop and offer software that allow the detection, filtering, classification, deletion and blocking of content harmful

The claimant in those proceedings complained about the defamatory comments posted on a blog hosted on Blogger.com, a website operated by Google. It was held that once Google is notified

The Strategy plans the introduction of enhanced obligations that websites and other Internet intermediaries should have for dealing with unlawful third-party content and discusses what regulations should apply to a

Public consultation on procedures for notifying and acting on illegal content hosted by online intermediaries, held by the European Commission in 2012.

The Communication apparently endorses the plan of maintaining the existing intermediary liability regime. However, the Commission stresses that “a number of specific issues relating to illegal and harmful content and

Holding the owner of the website RojaDirecta liable of copyright infringement; the site would offer links to streams of sports events; the court found the site was engaging in an