ISP Issues Dónal Cunningham

Copyright Television Without Frontiers Traffic Data Retention

Copyright Copyright and Related Rights Act, 2000 –Chapter 13, Section 140(1) –205 pages. Happy reading! ISPAI Code of Practice & Ethics –2.3.2 This Code does not purport to cover any violations or alleged violations pertaining to “competition law” or to “copyright law”.

ISPAI and IRMA ISPAI met with IRMA in 2005 Working Group engaging with IRMA –First meeting October 2005 –Positive – more to follow

Television without Frontiers Governs “non-linear audiovisual services”, This can be interpreted as Video on Demand “Heavy” regime applied to Internet? “Light” regime in E-Commerce Directive Quotas for EU-sourced Content Country of Origin unclear Filtering/Classification/Age verification

Traffic Data Retention Based on Directive 2002/58/EC (Data Protection and Privacy) Transposed into Irish law as S.I #535 of 2003 on 6 th of November 2003 Article 15 allows Member States to restrict the scope of rights and obligations granted under Articles 1-14

…and? Only when necessary, appropriate and proportionate… Retention of data for a limited period

What kind of data? Telephony –Calling and called phone numbers –Date and time –Duration of call –Whether answered or not –Location information

Internet traffic –“Any information exchanged by means of a publicly available electronic communications service…” –Such as, say, the Internet –Who is affected?

Status in Ireland Telephony data retention for 3 years since November 2004

Scope of Internet Data SMTP, HTTP, HTTPS,POP,IMAP “All communications” Comitology, a.k.a. decision by committee

Latest update Parliament rejection Council vs. Commission

Thank you! Questions?