Monday, February 06, 2017

Closing the Online Crime Attribution Gap: European law enforcement tackles Carrier-Grade NAT (CGN) | Europol

Closing the Online Crime Attribution Gap: European law enforcement tackles Carrier-Grade NAT (CGN) | Europol:

"CGN technologies are used by ISPs to share one single IP address among multiple subscribers at the same time. As the number of subscribers sharing a single IP has increased in recent years –in some cases several thousand – it has become technically impossible for ISPs to comply with legal orders to identify individual subscribers. In most EU countries, when served with a legal order, these providers have a legal obligation to provide subscriber information on a person suspected of involvement in criminal activities.

The impact of this technological development on police work is considerable. An increasing proportion of investigations into terrorism and serious crime rely on the ability to identify offenders via a capability that is now being seriously eroded.

 CGN technologies have been used by ISPs for a number of years as a solution to postpone the necessary financial investments to upgrade their networks to allow for the transition to the next generation of Internet Protocol Address version 6, or IPv6, which offers an unlimited pool of IP addresses. Due to the undeniable benefits of IPv6 over IPv4, this transition to IPv6 is called upon by the vast majority of internet engineering experts, governments, international organisations (including the UN and the EU), but also NGOs promoting a safe, open and secure internet." 'via Blog this'

Sunday, February 05, 2017

Competition Appeal Tribunal - BT v. Ofcom ex p. Sky pay-TV

Competition Appeal Tribunal - Judgment: "Judgment of the Tribunal on an appeal by British Telecommunications PLC (“BT”) challenging a decision by the Office of Communications (“OFCOM”) to remove the wholesale must-offer obligation (“WMO”) that it had imposed on Sky in 2010. That obligation required Sky to wholesale certain sports channels to other pay TV retailers with prices and terms set by OFCOM. "



'via Blog this'

Wednesday, January 11, 2017

UK ISP TalkTalk Loses Fewer Broadband Users and Details York FTTP Plan - ISPreview UK

UK ISP TalkTalk Loses Fewer Broadband Users and Details York FTTP Plan - ISPreview UK: "it’s worth checking out the ISP's latest investor results presentation as this sheds some light on customer feedback and future plans. According to that, TalkTalk plans to invest £40m over 3 years to expand their capacity and “drive down our long term backhaul costs by £20m p.a.“.

 The same presentation notes how they plan an “extension of dark fibre capacity from core network to collector (edge) will drive costs down as bandwidth expands exponentially”" 'via Blog this'

Wednesday, October 26, 2016

Vodafone fined £4.6m for serious breaches of consumer protection rules | Business | The Guardian

Vodafone fined £4.6m for serious breaches of consumer protection rules | Business | The Guardian: "Vodafone has been fined £4.6m by Ofcom for “serious and sustained” breaches of consumer protection rules.

 It is the second-largest fine ever handed out by the regulator, after a £5.7m penalty imposed on ITV in 2008 over the “abuse” of premium-rate phone lines in a number of hit shows.

 Ofcom carried out two investigations into the telecoms company. Vodafone was fined £3.7m for taking pay-as-you go customers’ money without providing a service in return; and £925,000 for flaws in its complaints handling processes.

The penalties have to be paid to Ofcom within 20 working days. The money will be passed on to the Treasury." 'via Blog this'

Friday, October 07, 2016

Telecommunications Policy Analysis: United Kingdom – splendid isolation

Telecommunications Policy Analysis: United Kingdom – Brexit mean no more European regulatory networks, no BEREC, no RSC, no RSPG, etc … splendid isolation: "These arrangements have been voted down and end with Brexit in early 2019. There will be neither more comitology nor multi-level governance, with the exception of domestic arrangements (e.g., Joint Ministerial Committees).

From the day of Brexit, OFCOM will cease to participate in:
·        

Body of European Regulators of Electronic Communications (BEREC);
·        

Communications Committee (COCOM);
·        

Radio Spectrum Committee (RSC); and
·        

Radio Spectrum Policy Group (RSPG).

 These bodies are constituted by EU legal instruments derived from EU treaties, with the committees and groups advising EU institutions. They have coordinated the creation and implementation of policies within the EU and European Economic Area (EEA).

The only possible exception would have been the “Norway option”. This now seems extraordinarily unlikely, though it might have preserved participation or observer status in some groups." 'via Blog this'

Monday, July 28, 2014

Mandatory communications data retention lives on in the UK - or does it?

Mandatory communications data retention lives on in the UK - or does it?: "The Act does four main things. 

 It substantively re-enacts the mandatory data retention provisions of the 2009 Data Retention Regulations. Those were based on the EU Data Retention Directive, which the CJEU invalidated on 8 April 2014.

It introduces new regimes for subjecting providers located outside the UK to maintenance of interception capability notices, interception warrants and communications data acquisition notices. 

It also provides that obligations imposed by such warrants and notices can apply to conduct within and outside the UK. The government maintains that this is no more than a clarification of the pre-existing position.

 It supplements the definition of 'telecommunications services' in the Regulation of Investigatory Powers Act 2000 (RIPA). This potentially affects which services can be the subject of maintenance of interception capability notices, interception warrants and communications data acquisition notices. The government has stoutly maintained, to a chorus of scepticism, that the additional text does not broaden the pre-existing definition but merely clarifies it.

 It may affect which providers can be made subject to the mandatory data retention obligations. The 2009 Regulations used the Communications Act 2003 definitions, based on those in the EU Framework Directive. The new legislation replaces these with RIPA definitions, including the newly supplemented definition of 'telecommunications services'." 'via Blog this'

2014 Report on Implementation of the EU regulatory framework

2014 Report on Implementation of the EU regulatory framework for electronic communications - Digital Agenda for Europe - European Commission: "This is the 18th monitoring report on the electronic communications market and regulations, covering in particular key market and regulatory developments in 2012 and 2013.

The report starts with a chapter on the European Union, addressing issues such as economic indicators, competitiveness, market developments including roaming, regulations, broadband plans, authorisation, spectrum management, access and interconnection, consumer issues and net neutrality.

This is followed by 28 chapters on market and regulatory developments in each of the EU Member States." 'via Blog this'

Tuesday, May 06, 2014

Appealing an Ofcom Regulatory Decision

Appealing a Telecoms Regulatory Decision - Technology's Legal Edge:

"The CAT provided a neat summary with respect to its jurisdiction, which is to review sector regulatory decisions on their merits. It cited observations from two previous Court of Appeal decisions, namely:

 that the applicant must show that the decision of Ofcom itself is wrong [Everything Everywhere Limited v Ofcom (Mobile Call Termination) [2013] EWCA Civ 154 at 22]; and

 that if Ofcom addressed the right question by reference to relevant material, any value judgment on its part must carry great weight [Teleconica O2 UK Limited v Ofcom [2012] EWCA Civ 1002 at 67].

The CAT concluded that Ofcom had in fact conducted a thorough market review process, consulting with all stakeholders, with BEREC and the EC and publishing a number of consultation documents, as well as holding meetings. During the course of its review Ofcom had taken into account the various benefits and concerns it had with respect to PIA and had invited responses from the industry on them.'via Blog this'