Reply to post: So about that EU directive...

Keepnet kerfuffle: Firing legal threats at bloggers did infosec biz more damage than its exposed database

Anonymous Coward
Anonymous Coward

So about that EU directive...

It's a bit of a reach, but it looks like the lawyers were trying to play on the EU's limited equivalent to DMCA, where immunity from hosting liability ends if the hoster is made aware of illegal content:

Article 14

Hosting

1. Where an information society service is provided that consists of the storage of information provided by a recipient of the service, Member States shall ensure that the service provider is not liable for the information stored at the request of a recipient of the service, on condition that:

(a) the provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; or

(b) the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

Of course the extremely clever and magnificently competent lawyers have begged the question of content illegality by assuming it's defamatory. And they've failed to cite a proper legal basis for the reporting being defamatory. They claim it's untrue, but fail to quote any statement that is demonstrably untrue let alone one that actually appears in the post. What's the betting this was a template letter and the quoted statement appeared on some other site? Really earning those 6-minute billing increments, folks.

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