|It's not always easy to understand |
how "digital economy" works
As is well known, the DEA had inserted new sections into the Communications Act 2003 as a response to the growing problem of subscribers to internet services who were infringing copyright by uploading and accessing material online. These provisions impose "initial obligations" on ISPs to notify subscribers of copyright infringement reports received from copyright owners, and to provide copyright infringement lists to copyright owners, if an "initial obligations code" is in force. These also provide for the possible future introduction of additional "technical obligations" on ISPs, together with a "technical obligations code".
The response of the Court of Appeal
|Good old times times when|
service providers didn't have to worry
about the Digital Economy Act ...
(3) the Data Protection Directive and the Privacy and Electronic Communications Directive
|... or data protection issues|
(4) the Authorisation Directive
"the questions of European Union law raised by this judicial review admit of clear answers, and I do not believe that any useful purpose would be served by my making a reference" (para 112).