English – ICT Lex

Benché stia attraversando una fase di normativizzazione, la sicurezza nazionale è ancora un concetto giuridicamente evanescente, che fatica a trovare un proprio spazio fra categorie consolidate come ordine e sicurezza pubblica e difesa dello Stato. La normativizzazione della sicurezza nazionale implica la sua sottoposizione al rule of law e dunque limita il suo uso per interessi di natura strettamente politica che non potrebbero essere garantiti con l’apposizione sistematica e automatica del segreto di Stato e che sono sottoposti ad un accresciuto controllo giurisdizionale. Parallelamente, la dipendenza tecnologica da soggetti stranieri —che ha di fatto consentito una (almeno parziale ma ineliminabile) inclusione di interessi privati nella definizione delle politiche di sicurezza— compromette l’effettiva possibilità di tutelare la sicurezza e gli interessi dello Stato. di Andrea Monti – professore incaricato di diritto dell’ordine e della sicurezza pubblica nell’università di Chieti-Pescara Continue reading “Ordine pubblico, sicurezza nazionale e sicurezza cibernetica: una prospettiva di sistema”

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2/5/20122/5/2012

EU Court of Justice – Judg. c-406/10

(Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Articles 1(2) and 5(3) – Scope of protection – Creation directly or via another process – Computer program protected by copyright – Reproduction of the functions by a second program without access to the source code of the first program – Decompilation of the object code of the first computer program – Directive 2001/29/EC – Copyright and related rights in the information society – Article 2(a) – User manual for a computer program – Reproduction in another computer program – Infringement of copyright – Condition – Expression of the intellectual creation of the author of the user manual)

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24/11/201114/12/2011

EU Court of Justice – Dec. C-70/10

Information society – Copyright – Internet – ‘Peer-to-peer’ software – Internet service providers – Installation of a system for filtering electronic communications in order to prevent file sharing which infringes copyright – No general obligation to monitor information transmitted

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12/7/20114/8/2011

EU Court of justice – Case C-324/09

Trade marks – Internet – Offer for sale, on an online marketplace targeted at consumers in the European Union, of trade-marked goods intended, by the proprietor, for sale in third States – Removal of the packaging of the goods – Directive 89/104/EEC – Regulation (EC) No 40/94 – Liability of the online-marketplace operator – Directive 2000/31/EC (‘Directive on electronic commerce’) – Injunctions against that operator – Directive 2004/48/EC (‘Directive on the enforcement of intellectual property rights’)

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4/1/20116/1/2011

US Court of Appeals 9th Circuit – Opinion 08-55998

The “first sale” doctrine allows a legitimate user to resell a copyrighted work even if the copyright holder labelled the support as “not for resale”.
Il principo di esaurimento consente al legittimo acquirente di un supporto contenente opere protette di rivendere il supporto stesso anche in presenza di una clausola “vietata la rivendita”.

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21/10/201027/10/2010

EU Court of justice – dec. C-467/08

(Approximation of laws – Copyright and related rights – Directive 2001/29/EC – Reproduction right – Exceptions and limitations – Private copying exception – Definition of ‘fair compensation’ – Uniform interpretation – Implementation by the Member States – Criteria – Limits – Private copying levy applied to digital reproduction equipment, devices and media)

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8/7/20103/9/2010

EU Court of justice – Judg. C558/08

Trade marks – Keyword advertising on the internet – Directive 89/104/EEC – Articles 5 to 7 – Display of advertisements on the basis of a keyword identical with a trade mark – Display of advertisements on the basis of keywords reproducing a trade mark with ‘minor spelling mistakes’ – Advertising for second-hand goods – Goods manufactured and placed on the market by the proprietor of the trade mark – Exhaustion of the rights conferred by the trade mark – Affixing of labels bearing the name of the reseller and removal of labels bearing the trade mark – Advertising, on the basis of another person’s trade mark, for second-hand goods including, in addition to goods manufactured by the proprietor of the trade mark, goods from another source

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9/3/201015/3/2010

EU Court of Justice – Case C428/08 Monsanto Technology LLC v Cefetra BV and Others

(Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage (Netherlands)) (Legal protection of biotechnological inventions – Directive 98/44/EC – Patent for genetic information)

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5/9/200910/9/2009

Report on cross-border e-commerce in the EU

The report identifies e-commerce trends and potential cross-border obstacles in order to analyse the direction that cross-border e-commerce is taking in the EU. The report is a follow-up to the first edition of the Consumer Markets Scoreboard, adopted on 29 January 2008, as part of the Commission’s broader market monitoring initiative.1 In the context of the Single Market Review, the Commission is currently undertaking an in-depth market monitoring of the retail sector.2 The evidence set out in this report is a contribution to that exercise, providing a factual basis for the e-commerce strand of the wider exercise. As announced in the Commission’s Legislative and Work Programme for 2009, the Commission will present a Communication on the outcome of the retail market monitoring in autumn 2009, which will include an analysis of cross-border e-commerce (quote from the Executive Summary)

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13/8/200910/5/2010

Broken Promises of Privacy: Responding to the Surprising Failure of Anonymization

by Paul Ohm University of Colorado Law School
August 13, 2009
University of Colorado Law Legal Studies Research Paper No. 09-12
Abstract:
Computer scientists have recently undermined our faith in the privacy-protecting power of anonymization, the name for techniques for protecting the privacy of individuals in large databases by deleting information like names and social security numbers. These scientists have demonstrated they can often ‘reidentify’ or ‘deanonymize’ individuals hidden in anonymized data with astonishing ease. By understanding this research, we will realize we have made a mistake, labored beneath a fundamental misunderstanding, which has assured us much less privacy than we have assumed. This mistake pervades nearly every information privacy law, regulation, and debate, yet regulators and legal scholars have paid it scant attention. We must respond to the surprising failure of anonymization, and this Article provides the tools to do so.

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15/6/2009

Diﬀerential Path for SHA-1 with complexity O(2^52)

An International Association for Cryptologic Research paper on SHA-1 theoretical weakness.

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4/12/20085/12/2008

European Court of Human Rights Judg. Dec.14 2008 – Case 30562/04 30566/04

ECHR Judg. on DNA sample retention ull text available here

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29/1/200811/2/2008

EU Court of Justice Dec. C-275/06

Information society – Obligations of providers of services – Retention and disclosure of certain traffic data – Obligation of disclosure – Limits – Protection of the confidentiality of electronic communications – Compatibility with the protection of copyright and related rights – Right to effective protection of intellectual property Continue reading “EU Court of Justice Dec. C-275/06”

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26/7/20076/9/2007

MINNESOTA SUPREME COURT – Dec. A06-1000/2007

A writ prohibition against a Court order granting – as addictional discovery – access to breath test device source code owned by the State, cannot be granted when evidence of non discoverability is not provided.

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22/2/2007

UK ACPO Computer Based Evidence Guidelines v.3

Le linee guida dell’Association of Chief Police Officers inglesi, per la raccolta e conservazione della prova informatica. – The UK Association of Chief Police Officer Computer-Based Evidence guidelines.

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8/8/20068/8/2006

Copyright and Bioinformatics. Knowledge needs open code

by Andrea Monti – amonti@ unich. it — lawfirm @ andreamonti. net
This article is a reviewed summary of the lecture on Copyrights and Bioinformatics: Knowledge needs Open Codes the author delivered in the Annual Conference of the License Executive Society of Britain and Ireland in Bristol (UK) on 24 and 25 June 2004.
The author thanks Dr. Andrea Cocito and Dr. Stefano Confalonieri of the FIRC Institute of Molecular Oncology Foundation for the technical review of this article, Prof. Enrico Dainese, a professor of Biochemistry at the Comparative Biomedical Sciences Department of the University of Teramo, Dr. Marcella Attimonelli, Professor at the Biochemistry and Molecular Biology fo the University of Bari, and Dr. Paolo Vezzoni of the Institute of Advanced Biomedical Technologies of the National Research Council (CNR) of Milan, Italy.
To be published on “Ciberspazio e diritto” Mucchi Editore

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12/5/200631/10/2006

US Federal Communications Commission 06-56 – 2th Report and Order and Memorandum Opinion and Order

Il testo emanato il 12 maggio 2006 dalla US FCC che affronta una serie di problematiche legate all’applicazione del Communications Assistance for Law Enforcement Act (CALEA) ai fornitori di servizi VoIP
The US FCC’s document addressing Communications Assistance for Law Enforcement Act (CALEA) implementation issues for VoIP provider.

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18/4/200626/6/2006

US Court of appeals 4th Circuit – Opinion 042566

This appeal, a part of the multidistrict class action antitrust litigation brought against Microsoft Corporation by 39 purchasers of Microsoft’s operating system software and applications software, presents the question whether 26 indirect purchasers have stated a claim upon which relief can be granted. See Fed. R. Civ. P. 12(b)(6). The district court granted Microsoft’s motion to dismiss their claims, concluding that because these 26 plaintiffs did not buy software directly from Microsoft, they were indirect purchasers who were barred from seeking recovery for illegal pass-through overcharges under the principles of Illinois Brick Co. v. Illinois, 431 U.S. 720
(1977). The court also found that they lacked standing to seek recovery for certain types of injury because the alleged injury did not constitute “antitrust injury,” was speculative, or was generalized and not specific to the plaintiffs. The court dismissed the plaintiffs’ equitable claims under the doctrine of laches.

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17/2/200626/6/2006

USDC Central – District California Case n. CV04-9484 AHM

PERFECT 10, Plaintiff, v. GOOGLE, INC., et al. Defendants. – CASE NO. CV 04-9484 AHM (SHx)
ORDER GRANTING IN PART AND DENYING IN PART PERFECT 10’S MOTION FOR PRELIMINARY INJUNCTION AGAINST GOOGLE

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8/11/20058/11/2011

Case study: A failure success’ clothing

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23/9/200526/6/2006

US FCC Order 05-153

In this Order, we conclude that the Communications Assistance for Law Enforcement Act (CALEA) applies to facilities-based broadband Internet access providers and providers of interconnected voice over Internet Protocol (VoIP) service. This Order is the first critical step to apply CALEA obligations to new technologies and services that are increasingly relied upon by the American public to meet their communications needs.

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3/5/200526/8/2005

Court of appeals of Minnesota – Opinion n. A04-381

The mere presence of an encryption software (namely PGP) although not directly related to the crime the defendant is charged of, is – per se – a proof of gulitness.

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