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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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