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'