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

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Show More