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12 July 2007 / Andrew Horrocks , Jack Cundy
Issue: 7281 / Categories: Features , Technology
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Anonymous wrongdoers

How can IT litigators fight back against anonymous e-commerce wrongdoers? Andrew Horrocks and Jack Cundy investigate

A frequent difficulty for would-be claimants trying to track down       anonymous e-commerce wrongdoers is that website operators and other IT service providers are unwilling to disclose voluntarily the identity of a wrongdoer, relying on contractual obligations of confidentiality and data protection legislation.

Users of IT services are aware of the potential for the internet to be used to invade their privacy, and service providers will therefore typically undertake—whether in a written agreement or in a published privacy policy—not to disclose voluntarily a user’s private data. In addition, the Data Protection Act 1998 (DPA 1998) ordinarily prevents disclosure of personal data without the consent of the data owner or an order of the court.

In these situations, there may be no claim against the service provider itself as a result of content of an offending website—the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and the Defamation Act 1996, for example, contain safeguards for service providers if they

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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