Jurisdiction in Cyberspace

15 May 12: Potential liability in England for hyperlinks to defamatory posts - The English High Court has held that a website owner can potentially be held liable for defamatory statements which are published on a website it provides a link to, even if their website does not contain any such defamatory postings itself (Shepherd + Wedderburn)

20 Mar 12: The Pirate Bay proposes airborne servers to evade enforcement action - The Pirate Bay has said that it will experiment with using servers carried on small drones that will float some kilometers up in the air, as a way of evading national law enforcement action.

18 Feb 12: Twitter sued over Hardy Tweet – Twitter is being sued for defamation for a tweet by Marieke Hardy that appeared on Twitter’s homepage, and was copied by some of Hardy’s 60,897 followers and other Twitter users taking part at the time in a worldwide online anti-abuse campaign. Many also commented on the original post in ways that could be construed as defamatory (The Age)

16 Nov 11: Barrage Of Doubts Voiced On US Internet Piracy Bill – An international outcry from open internet proponents has emerged over draft US legislation, HR 3261, the Stop Online Piracy Act (SOPA), on the eve of a hearing on the bill. International critics say the bill would put the United States on the same ground as China with regards to internet filtering, undermining the US argument for internet freedom (IP Watch)

7 Nov 11: The Appropriate Forum and Applicable Law in Claims Against ISPs in the EU – In a recent important decision in the case of eDate Advertising GmbH v X, the Court of Justice of the European Union interpreted the E-Commerce Directive (2000/31/EC) in the context of one claim for breach of privacy (or personality rights) brought in a German court against an Austrian website and another privacy infringement claim brought before a French court against a UK newspaper publisher in relation to content posted in the online edition of the paper in English (Dorsey & Whitney)

7 Nov 11: KLNF-Internet-based jurisdiction under the New York long arm statute – Lexology – The New York Court of Appeals revisits the state’s long-arm statute in the context of an internet copyright infringement claim (Kramer Levin)

27 Oct 11: Controversial US Bill Targeting “Rogue Websites” Introduced On House Side – Legislation giving new powers to the government and copyright holders in the United States to unilaterally block payments to or take down websites deemed by US courts to be infringing intellectual property rights has been introduced into the House of Representatives (IP Watch)

24 Oct 11: No liability for defamation for basic hyperlinks, says Supreme Canadian Court – Bloggers, tweeters, webpage owners and other providers and hosts of internet content can breathe a little easier today following a decision of the Supreme Court of Canada that ruled that merely providing hyperlinks to defamatory content cannot make them liable for defamation (Strikeman Elliott)