Home > News > European Court Orders ISP Data Disclosed • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

European Court Orders ISP Data Disclosed

Get XBIZ News
Jul 19, 2004 9:20 AM PDT    Text size: 
AMSTERDAM — In a case likely to raise concern about the degree of anonymity on the Internet in the Netherlands, an appeals court in Amsterdam upheld a lower court order requiring Internet service provider Lycos to disclose personal data on one of its subscribers.

The case is significant for adult webmasters because it clears the murky legal waters for actionable cases in Europe, which is bound by the 2000 European E-Commerce Directive.

Article 14 of the E-Commerce Directive only requires an ISP to divulge personal details if an illegal act has been committed, such as in the case of child pornography.

The E-Commerce Directive, which serves a tool for European governments to set online taxes, deals with content liability, for the most part.

But now it appears that the door could open for industries ready to take on peer-to-peer file swappers

In most cases the record industry knows the IP address but can only match these to personal details with the assistance of the ISPs.

In the recent case, the Appeals Court of Amsterdam upheld a decision by a lower court which required Lycos to make available data from one of its websites to a third party on the grounds that the information constituted an apparently unlawful act.

The case was brought by Netherlands attorney and stamp trader Augustinus Bernard Maria Pessers who claimed that a Lycos subscriber had unlawfully accusing him of fraud.

The Lycos subscriber published Pessers name on his website and provided an email address instructing others to report any other fraudulent incidents Pessers might have committed.

Lycos shut down the website after a request from Pessers, but declined to reveal the identity of the subscriber, prompting Pessers to file suit against the ISP.

The appellate court ruled in late June it would be against the common interest if Pessers did not have the chance to confront Lycos, which hosted the website.

The case is Lycos Netherlands vs. Pessers, No. 1689/03KG.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

2017 XBIZ Trans Performer of the Year Reigns Supreme

It’s easy to see Aubrey Kate now — the modelesque, blonde bombshell — and dismiss her recent awards in the erotic arts as inevitable. It’s easy to say that she was simply born with... More »

WIA Profile: Carmen Miller-Branch

Each month, industry news media organization XBIZ spotlights the career accomplishments and outstanding contributions of Women in Adult. WIA profiles offer an intimate look at the professional lives of... More »

Sílvia Unfurls Models’ Wings at Angels Studio

Sílvia seamlessly threads a profitable patchwork of loyal models and premium networks at Angels Studio. Wielding a multi-faceted perspective forged by six years of service at premier cam network... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

XBIZ Retreat

May 30 - Jun 03
Miami, Florida

XBIZ Miami 2017

May 30 - Jun 02
Miami, Florida

XShow 18+ 2017

Jun 01 - Jun 03
Moscow, Russia

Cam Summit

Jun 02 - Jun 04
Lloret de Mar, Spain
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!