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Documents, Case Reports

and other publications of Interest

Compiled by Cyber-Rights & Cyber-Liberties (UK)

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Walker, C., & Akdeniz, Y., "Anti-Terrorism laws and data retention: war is over?" (2003) Northern Ireland Legal Quarterly, 54(2), Summer, 159-182. Abstract: The Anti-Terrorism, Crime and Security Act 2001 signals a determined response to the attacks of September 11th. One aspect involves the facilitation of the use of electronic surveillance in order to prevent, detect or prosecute the perpetrators of terrorism. The role of Part XI of the 2001 Act is to augment existing surveillance powers in the Regulation of Investigatory Powers Act 2000. This papers plots the relationships between those two statutes and also their relationship to data protection laws. Delays and difficulties in enforcement are noted and are related to a process of return to greater normality after an initial period of panic.

Case Report by Dr. Yaman Akdeniz: Court of Appeal Clarifies the Law on Downloading Child Pornography from the Web, published in the Computer Law & Security Report Vol. 18 no. 6 2002, pp 433-435.

ISPA letter to the Home Office dated 27 September, 2002 in relation to the ATCS Act Code of Practice on data retention revised version: This letter has been obtained from the Home Office under the Code of Practice on Access to Government Information by Dr. Yaman Akdeniz, Director of Cyber-Rights & Cyber-Liberties (UK).

R v IPSWICH CROWN COURT, EX PARTE NTL GROUP LTD ([2002] EWHC 1585 (Admin): Where the claimant telecommunications company had been required to preserve a client's e-mail communications pending a court order to produce that material, it was implicit in Sch.1 para.11 Police and Criminal Evidence Act 1984 that it had the necessary power to take that action. This implicit power provided lawful authority for intercepting the e-mail such that no offence would be committed under s.1 Regulation of Investigatory Powers Act 2000)

US NCAC Free Expression After September 11th - An Online Index pages
Following the September 11, 2001, attacks on the United States, the National Coalition Against Censorship received repeated calls and e-mails from supporters, media, students and others concerned with free speech asking about censorship incidents arising from the attacks. Those who took the time to contact us are concerned that the events of 9/11 will result in incidents of government censorship and suppression of speech by private entities, as is often the case during times of crisis. See further the EFF Chilling Effects of Anti-Terrorism: "National Security" Toll on Freedom of Expression pages.

"What action the Government are taking to protect children using the internet?"  
Oral Answers to Questions, Hansard, House of Commons, 19 November, 2001

Akdeniz, Y., "Governing pornography and child pornography on the Internet: The UK Approach," in Cyber-Rights, Protection, and Markets: A Symposium, (2001) University of West Los Angeles Law Review, 247-275. This is an updated version of an earlier piece: Akdeniz, Y., ‘Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach,’ in Law and the Internet: Regulating Cyberspace, Hart Publishing, 1997, pp 223-241.

UPDATED: Documents obtained under the Open Government Code of Practice in relation to the activities of the Home Office Internet Task Force on Child Protection, September 2001

Internet Filters: A Public Policy Report, Fall 2001
Marjorie Heins & Christina Cho, Free Expression Policy Project 
US National Coalition Against Censorship 

Rights & Democracy Report: China's Golden Shield: Corporations and the Development of 
Surveillance Technology in the People's Republic of China, October 2001. 
Note also the review of China's Internet Regulations and Domestic Legislation.

The decision of the High Court of Justice in relation to UK ISPs with regards to the Bulger injunction, July 2001. Cyber-liberty advocates have lambasted the UK Internet regulator's decision to close down newsgroups that are known to regularly contain child pornography, dismissing the decision as a desperate attempt to justify the organisation's existence. See the 2001 News section of Cyber-Rights.Org for related news items.

Free Dmitry Sklyarov - Updated: 30 August 2001 - Jailed in the USA for exposing the childishly simple encryption used on a e-book reader made by the Adobe Corporation.

Association of Chief Police Officers Data Protection Code of PracticeDraft for Consultation, November 2001

The Home Secretary David Blunkett announces the Emergency Anti-Terrorism Bill which include measures to enable communication service providers to retain data generated in the course of their business, namely the records of calls made and other data - not the content. Government will work with the industry on a Code of Practice to take this forward, 15 October, 2001.

Yaman Akdeniz, Case Analysis of (the Yahoo case) League Against Racism and Antisemitism (LICRA), French Union of Jewish Students, v Yahoo! Inc. (USA), Yahoo France, Tribunal de Grande Instance de Paris (The County Court of Paris), Interim Court Order, 20 November, 2000. Citation: [2001] Electronic Business Law Reports, 1(3) 110-120.

The Straw interview with Sue MacGregor on the BBC Today Programme, 28 September, 2001. You can also listen the Jack Straw interview (MP3 file) - For policy developments following the attacks on America see the Crypto Policy pages.

Free Dmitry Sklyarov pages - July 2001: Jailed in the USA for exposing the childishly simple encryption used on a e-book reader made by the Adobe Corporation.

"Paedophiles face crackdown - online and offline" - Home Office Task Force on Child Protection on the Internet, July 19, 2001

The decision of the High Court of Justice in relation to UK ISPs with regards to the Bulger injunction, July 2001. 

Information Commissioner, Annual Report 2001 - Responding to Cybercrime (pages 14-15) and the Council of Europe Cyber-crime Convention  (pages 35-36), July 12, 2001. The retention of traffic data beyond the period demanded by technical and commercial reasons would be an invasion of the right to private life assured by Article 8 of the European Convention on Human Rights.

  European Parliament approves Cappato Report in relation to privacy in electronic communications, 11 July, 2001.

Minority Opinion of Maurizion Turco (Lista Emma Bonino) for the European Parliament Temporary Committee on Echelon report, 05 July, 2001.

Making Britain the safest place for children to surf the net, Jack Straw's speech, 20 May, 2001.

New ACLU Advertisement Highlights Massive U.S. Government Electronic Surveillance - APRIL 2001.

From the Trade and Industry - Eighth Report: UK Online Reviewed: the First Annual Report of the E-Minister and E-Envoy Report, HC 66, 23 March, 2001. Q93. Can you comment on the suggestion made by the National Criminal Intelligence Service, GCHQ and all the other spooks which are around, that companies should keep all their communications for seven years. Would you agree with those comments? (Ms Hewitt) I do not agree with the proposals. I saw them in the press, I think, ten days ago. I have not had formal communications with the Home Office, I have discussed it informally with Charles Clarke and I understand it is his view as well that that proposal should not be implemented. See the important parts of the report.

Report of debates of the Second Part of the 2001 Ordinary Session on the Draft Cyber-Crime Convention, Council of Europe, Parliamentary Assembly (Assembly Spring Session, 23-27 April 2001), 24 April, 2001.

NCIS Press Release, Launch of the United Kingdom's first National Hi-Tech Crime Unit, 18 April 2001.

Head of UK National Technical Assistance Centre (NTAC) announced, 30/03/2001 - NTAC will give law enforcement agencies the ability to fight crime in the information age and provide a facility for the processing of lawfully intercepted communications and lawfully seized protected electronic data, which can then be used to bring serious criminals to justice.

Home Office plan on IMPROVING CHILD PROTECTION ON THE INTERNET: A PARTNERSHIP FOR ACTION. See also the Internet Crime Forum report, Chat Wise, Street Wise – children and Internet chat services and the BBC coverage, Net paedophiles face crackdown, 29?03/2001.

U.S. Court of Appeals for the Ninth Circuit, PLANNED PARENTHOOD OF THE COLUMBIA/WILLAMETTE INC. V AMERICAN COALITION OF LIFE ACTIVISTS, 99-35320, 03/28/01. See also "Seven doctors have been murdered, now judges rule in favour of abortion hit," The Guardian, Friday March 30, 2001; and Wired News, "Anti-Abortion Site Wins Appeal," 28 March, 2001.

  Akdeniz, Y.; Taylor, N.; Walker, C., Regulation of Investigatory Powers Act 2000 (1): Bigbrother.gov.uk: State surveillance in the age of information and rights, (2001) Criminal Law Review, (February), pp. 73-90 at http://www.cyber-rights.org/documents/crimlr.pdf
(Published in this format with permission from Sweet & Maxwell, the publishers of the Criminal Law Review)

MP warns UK ISPs in relation to Internet content that promotes adoption on the Internet, 22 January, 2001.

Case of Keith Burstein and Times Newspapers Ltd, Case No: A2/2000/0510, decision of the Court of Appeal, 20 December, 2000. A libel case that relates to the extent to which evidence may be adduced in reduction of libel damages.

Council of Europe Draft Cyber-Crime Convention, version no 24, 24 November, 2000. 

New Hi-Tech Crime Investigators in £25 Million Boost to Combat Cybercrime in the UK, 13 November, 2000.

Council of Europe Draft Cyber-Crime Convention, version no 22, October 2000.

Ukrainian ISPs demonstrate their willingness to be subservient to Big Brother and information about Network monitoring in Ukraine: legal framework, July 2000, at http://www.cyber-rights.org/documents/ukrainia.htm (provided by Privacy Ukraine).

Human Rights Watch press release, China: Foreign companies should protest Internet detention, June 2000, at http://www.cyber-rights.org/documents/china.htm

RIP for Individual Rights? By Charles Clarke M.P., Minister of State, Home Office, Posted to ukcrypto mailing list on 13 March, 2000 at http://www.cyber-rights.org/documents/rip-clarke.htm

The Electronic Frontier: The Challenge of Unlawful Conduct Involving the Use of the Internet: A Report of the US President’s Working Group on Unlawful Conduct on the Internet, February 2000, at http://www.cyber-rights.org/documents/unlawfulconduct.html. The finalised report is at http://www.usdoj.gov/criminal/cybercrime/unlawful.htm with a publication date of March 2000.

Hulbert’s Case, the Lord Chancellor and Censorship of the Internet: A Statement by Cyber-Rights & Cyber-Liberties (UK), 11 November, 1999. Relevant to this issue is the case of Godfrey v. Demon Internet. See Akdeniz, Y., Case Analysis: Laurence Godfrey v. Demon Internet Limited, (1999) Journal of Civil Liberties, 4(2), 260-267 (July). An online version is at http://www.cyber-rights.org/reports/demon.htm

Godfrey v Demon Internet Ltd, QBD, [1999] 4 All ER 342, [2000] 3 WLR 1020; [2001] QB 201 - full decision

R v Jonathan Bowden (1999), CA (Otton LJ, Smith J, Collins J) 10/11/99 Summary: The downloading and/or printing out of computer data of indecent images of children from the Internet was capable of amounting to an offence within the meaning of s.1(1)(a) Protection of Children Act 1978. See further the BBC Online Story, "Key ruling on net child porn," November 10, 1999 in relation to this judgment.

Privacy and Human Rights 1999- An International Survey of Privacy Laws and Developments (EPIC 1999)
Revised and updated from the 1998 edition, "Privacy and Human Rights 1999" surveys the privacy laws of over fifty countries around the world. Among the report's key findings is that there is a growing trend in almost all jurisdictions to enact comprehensive privacy and data protection acts, either to address past government abuses, to promote electronic commerce, or to ensure compatibility with international standards developed by the European Union, the Council of Europe, and the Organization for Economic Cooperation and Development. Less positive is the finding that new technologies are increasingly eroding privacy rights, and that surveillance authority is regularly abused, even in many democratic countries. Available from amazon.com at http://www.amazon.com/exec/obidos/ASIN/189304405X/cyberighcybelibe

US Department of Justice Report - Cyberstalking: A New Challenge for Law Enforcement and Industry, a report from the Attorney General to the Vice President, August 1999.

For a detailed analysis of the legal situation in the UK see Ellison, L., & Akdeniz, Y., "Cyber-stalking: the Regulation of Harassment on the Internet," [1998] Criminal Law Review, December Special Edition: Crime, Criminal Justice and the Internet, pp 29-48. Click here for For ordering this special issue An online version of this article is available through http://www.cyber-rights.org/documents/stalking_article.pdf

Project Trawler: Crime On The Information Highways, National Criminal Intelligence Service, June 1999: NCIS launched Project Trawler, its study of 'computer crime', in July 1996. Published as a classified strategic threat assessment for law enforcement practitioners, it is also being published in an unclassified format in order to raise further awareness and understanding of the different criminal threats that exist and stimulate debate about the ways in which they may be eliminated or contained.

Among the Report's key judgements are:

Filters and Freedom - Free Speech Perspectives on Internet Content Controls (EPIC 1999)
Filters and Freedom collects essays and studies that examine the effects of filtering on free expression. Although filtering was originally proposed as a technological solution that would forestall official censorship, these critiques show that filtering poses its own significant threats to free expression on the Internet. Partly as a result of the writings contained in this collection, the headlong rush toward the development and acceptance of filtering and rating systems has slowed.
Filters and Freedom is available from Amazon.com at .com

Yaman Akdeniz , Sex on the Net: The Dilemma of Policing Cyberspace, Reading: South Street Press, July 1999. For further information see http://www.cyber-rights.org/bookstore

Dorothy Denning & William E. Baugh, Jr., Hiding Crimes in Cyberspace, Information, Communication and Society, Vol. 2, No 3, Autumn 1999, and in Cybercrime, B. D. Loader and D. Thomas (eds.), Routledge, 1999, at http://cryptome.org/hiding-db.htm and/or http://www.cs.georgetown.edu/~denning/crypto/hiding1.doc

Reporters Sans Frontières, The twenty enemies of the Internet, 9 August 1999, at http://www.rsf.fr/uk/alaune/ennemisweb.html

Human Rights Watch report: The Internet in the Middle East and North Africa: Free Expression and Censorship, at http://www.hrw.org/advocacy/internet/mena/index.htm, July 1999.

R v GRAHAM WADDON (1999), Court: Southwark Crown Court (Judge Hardy) 30 June, 1999.
When an image had been transmitted across the Internet the act of publication took place when the data was transmitted by the defendant or his agent to the service provider, and the publication or transmission was in effect still taking place when the data was received. The computers involved in the transmission of the data were mere post boxes, therefore the only certificate that the prosecution needed to provide was from the computer from which the image had been obtained. Please note that this case is not binding on any other cases and is currently on appeal (September 1999). 18-month suspended prison sentence imposed on 6 September 1999.

European Union Common Position of 27 May 1999 adopted by the Council on the basis of Article 34 of the Treaty on European Union, on negotiations relating to the Draft Convention on Cyber Crime held in the Council of Europe, Official Journal L 142 , 05/06/1999 p. 0001 - 0002.

Cryptography and Liberty 1999 - An International Survey of Encryption Policy (EPIC 1999)
In the second annual survey of encryption policy around the globe, the Electronic Privacy Information Center (EPIC) finds that few countries have restrictions on the use, manufacture or sale of cryptography. However, export controls remain a powerful obstacle to the development and free flow of encryption products and services. Cryptography and Liberty classifies policies in more than a hundred countries from least resrtictive to most restrictive, and identifies recent trends and developments, including the impact of the 1997 OECD Guidelines, the 1998 Wassenaar Arrangement, and changes in policies in France and the United Kingdom. Includes extensive appendices. Available from Amazon.com at http://www.amazon.com/exec/obidos/ASIN/1893044033/cyberighcybelibe

European Parliament-sponsored reports which have been prepared as follow-up to the 1998 "Appraisal of the Technologies of Political Control."
The four-part series is titled "Development of Surveillance Technology and Risk of Abuse of Economic Information (an appraisal of technologies of political control)," April and May 1999.

Part 1: "The perception of economic risks arising from the potential vulnerability of electronic commercial media to interception - Survey of opinions of experts. Interim Study," by Nikos Bogonikolos, at http://cryptome.org/dst-1.htm

Part 2: "The legality of the interception of electronic communications: A concise survey of the principal legal issues and instruments under international, European and national law," by Prof. Chris Elliott, at http://cryptome.org/dst-2.htm

Part 3: "Encryption and cryptosystems in electronic surveillance: a survey of the technology assessment issues," by Dr. Franck Leprévost, at http://cryptome.org/dst-3.htm (in French)

Part 4: "The state of the art in Communications Intelligence (COMINT) of automated processing for intelligence purposes of intercepted broadband multi-language leased or common carrier systems, and its applicability to COMINT targeting and selection, including speech recognition," by Duncan Campbell, at http://www.iptvreports.mcmail.com/stoa_cover.htm

European Commission Proposal for a European Parliament and Council Directive on a common framework for electronic signatures (98/C 325/04) (Text with EEA relevance) COM(1998) 297 final - 98/0191(COD), (Submitted by the Commission on 16 June 1998).

The OECD Cryptography Policy Guidelines and the report on background and issues of cryptography policy, March 1997.    

UK Police Ban of NEWSGROUPS - See the letter from the Metropolitan Police to the UK ISPs, August 1996.

For further information about this issue see Akdeniz, Yaman (1997) ‘Governance of Pornography and Child Pornography on the Global Internet: A Multi-Layered Approach,’ in Edwards, L and Waelde, C eds., Law and the Internet: Regulating Cyberspace, Hart Publishing, pp 223-241 and Akdeniz , Yaman, Sex on the Net: The Dilemma of Policing Cyberspace, Reading: South Street Press, Summer 1999 .

Department of Trade and Industry, Electronic Communications Bill (explanatory notes), 23 July, 1999. The Bill is here.

Department of Trade and Industry, Promoting Electronic Commerce, Consultation on Draft Legislation and the Government’s Response to the Trade and Industry Committee’s Report, Cm 4477, July 1999.

Department of Trade and Industry, A report for the DTI summarising responses to Building Confidence in Electronic Commerce, URN 99/891.

Department of Trade and Industry, Net Benefit: The Electronic Commerce Agenda for the UK, (DTI/Pub 3619, London, 1998).

COM (97) 503 Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions ensuring security and trust in electronic communication, Towards a European Framework for Digital Signatures and Encryption - October 1997. 

Department of Trade and Industry, Public Consultation paper on licensing of trusted third parties for the provision of encryption services, March 1997.

DTI White Paper on regulatory intent concerning use of encryption on public networks, June 1996.

Banned in Canada but available through Cyber-Rights & Cyber-Liberties (UK)

Read about the CYBERsitter software Are they really offering parental control ?

Bangemann Report, Europe and the Global Information Society (1994)

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