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EU'S TOP COURT RULES THAT ISP BLOCKING IS ILLEGAL
Friday November 25,2011 : Ruling de-fangs draconian regulatory tactic
The frequently considered regulatory tactic of forcing Internet Service Providers to block (read censor) "unacceptable" online gambling sites suffered a setback Thursday when the European Court of Justice ruled that ISPs cannot be forced to collaborate in such an order.
Although the ruling was made in a case involving music piracy, it is in principle applicable to all Internet usage and is therefore a powerful precedent.
The Luxembourg-based ECJ issued its verdict in a case involving Belgian music royalty collecting society SABAM and Belgian telecom operator Belgacom unit Scarlet.
SABAM asked a Belgian court to order Scarlet to install a device to prevent its users from downloading copyrighted works. The court ruled in SABAM's favour and order Scarlet to install such a device. However, Scarlet then challenged the ruling, prompting the Belgian court to seek advice from the ECJ.
"EU law precludes the imposition of an injunction by a national court which requires an internet service provider to install a filtering system with a view to preventing the illegal downloading of files," the ECJ ruled, according to a Reuters news agency report.
"The filtering system would also be liable to infringe the fundamental rights of its [Scarlet's] customers, namely their right to protection of their personal data and their right to receive or impart information."
Legal observers told Reuters that the ruling was a sound decision by the court: "It's a good ruling, it confirms basic principles about the allocation of responsibilities between ISPs and the ISP's users and ensures that ISPs will not be burdened by monitoring obligations," said Thomas Graf, a law firm partner.
Open Rights Group member, Peter Bradwell, said: “Invasive and general surveillance of users is unacceptable. This helps to nail down the limits of powers to curtail people’s freedom to communicate online.”
Numerous governments from Australia to Norway and most recently Belgium have threatened to use ISP blocking tactics against online gambling sites, and have assembled "black lists" that are not always either fair or sensible; the ECJ decision should give most responsible lawmakers pause for thought on the future freedom of the Internet.
Gambling News :
Betradar Launches US Sports Betting Solutions -
With only a few weeks to go until the betting and gambling world descends on ICE in London, Betradar have today announced that they will be launching a comprehensive range of tools and services to any company that will be looking to provide sports betting in a post-PASPA United States.
Final 12 For MPNPT Morocco -
Sunday on the MPN Poker Tour Morocco will see several trophies awarded at the Mazagan Beach Resort, with the largest going to the Main Event champion along with a prize of MAD 400,000 (c.€35,400).
MPNPT Morocco Updates -
Leading the 104 combined survivors from both flights is still Said El-Yousfi with 272,000 chips; visit the MPN Poker Tour blog for an end-of-day recap and full chip counts.
MPN Poker Tour Morocco Day 1A -
The MPN Poker Tour has returned to Morocco this week (January 11-14), featuring the MAD 1.5 million guaranteed Main Event, accompanying side events, and the activities and parties for which this tour has now become known on two continents.
2018 MPN Poker Classic -
The MPN announces the return of The Classic tournament series this January. The series is back following its successful €350,000 guaranteed debut in 2017. This time €500,000 is guaranteed, along with a once in a lifetime trip to Monaco for the Classic Champion.
PDC and Sportradar Renew Deal -
Following this month’s hugely successful World Championship, the Professional Darts Corporation (PDC) and long-standing partners Sportradar have renewed their multi-faceted cooperation that will see the leader in sports data and content continuing in their role as official data
Poker Yaar Joins MPN -
Available through download, instant play and mobile, Pokeryaar.com is live with Omaha, Hold’em and Five-Card poker variants, alongside MPN’s Fish Party, the industry’s only progressive jackpot SNGs.
New MPN Poker Rooms Tower Torneos -
Impressed with Microgaming, having already integrated with the Quickfire platform to gain access to some of the industry’s best gaming content, Tower Torneos has extended the relationship with poker.<
NY Rangers vs. Devils on 12/21 -
When the Devils and Rangers hit the ice on Thursday (7 PM ET on MSG), so too will two of the league’s top netminders. After a slow start to the season, Henrik Lundqvist has returned to his form of old. Through 29 games, he’s posted a 2.59 goals against average, and a .920 save percentage.
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