European Court Orders ISP Data Disclosed

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.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Host 'Online Censorship' Event

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

Brazilian Adult Industry Association ABIPEA Launches

Brazilian Association of the Adult Entertainment Industry and Professionals (ABIPEA) has officially launched its organization.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Former Backpage CEO Carl Ferrer Sentenced to 3 Years Probation, $40,000 Fine

Former Backpage.com CEO Carl Ferrer was sentenced in federal court today to three years' probation and a $40,000 restitution fine for a conspiracy conviction related to money laundering through the defunct website.

Pineapple Support to Launch 'Wellbeing by PS' Initiative

Pineapple Support has announced its Wellbeing by PS initiative, naming new team member Amber Madden to head the project.

Playboy Wins $81 Million Judgment in Chinese Licensing Arbitration

Playboy Inc. was awarded $81 million in damages on Monday by the Hong Kong International Arbitration Centre, in a licensing dispute with former partner New Handong Investment (Guangdong) Co. Ltd.

Show More