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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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