header-logo header-logo

Anonymous wrongdoers

12 July 2007 / Andrew Horrocks , Jack Cundy
Issue: 7281 / Categories: Features , Technology
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll