Podcast: SCL 6th Annual Policy Forum: "The New Shape of European Internet Regulation"

Podcasts of talks from the SCL 6th Annual Policy Forum

Professor Lilian Edwards, Professor of E-Governance, University of Strathclyde.

Hosted by:
Mark Turner
, Partner, Herbert Smith LLP

Introduction to the 2011 Forum
The aim of this year's SCL Policy Forum is to look at the impact of the many key strands of Internet law reform that are now coming to a head in Europe after many delays. We will focus principally on two crucial instruments controversially approaching reform: the Data Protection Directive – first draft out in July 2010 - and the E-Commerce Directive and in particular, its treatment of online intermediaries.  We also consider the fast moving new developments in enforcement of IP law in ACTA, and the new IPRED, as well as the UK's own Digital Economy Act. Freedom of speech is also  a hot topic:  the proposed EC Directive on Combating Child Sexual Abuse and other significant instruments will be considered. In the UK, European trends and influences can be felt and will be discussed,  as we implement the Telecoms Package, modernise libel law, and try to update our own version of copyright protection within the harmonised global and EU frameworks.

Use the links below to listen to the talks.  The accompanying slides are available in the download section on the right hand side of this page.

Keynote on Data Protection Directive Reform
Dr Alessandro Acquisti,
Associate Professor, Heinz College, Carnegie Mellon University
[ Audio (mp3) ]

The Future of Privacy Regulation 1  – The Right to Forget or the Right to Remember?

One of the most controversial aspects of the DPD reforms is the possibility of a "right to forget", a concept borrowed from the French but so far uncertain in scope. How can a right to forget be reconciled with an Internet where the dominant business model is based on "remembering" as much personal data as possible? And how can it also run alongside a right to freedom of expression online, and the preservation of an objective version of history? Is the right to forget merely "foggy thinking" as Peter Fleischer recently described it?  Is it technologically possible?

Professor Lilian Edwards
, University of Strathclyde

Panel :
William Malcolm
, Google UK [ Audio (mp3) ]
Kieron O'Hara
, University of Southampton [ Audio (mp3) ]
Marc Dautlich
, Pinsent Masons LLP [ Audio (mp3) ]
Arnold Roosendaal
, Tilburg Institute for Law, Technology, and Society  [ Audio (mp3) ]

The Future of Privacy Regulation 2 – What Do We Really Want from The DPD  Reforms?

Some have argued that the "right to forget" is a sideshow, drawing attention from the real needs both data controllers and data subjects want met in the reform process. Can the needs of these two groups ever can be reconciled, alongside the demands of state and law enforcement agencies for ever more data collection and retention?  And in a wider context, can a European DP framework really work effectively within a global world of unrestricted data flows?

Judith Rauhofer
, School of Law, University of Edinburgh [ Audio (mp3) ]

Professor Andrea Matwyshyn
, University of Pennsylvania [ Audio (mp3) ]
Professor Michael Birnhack
, Tel Aviv University [ Audio (mp3) ]
Paul De Hert,
 Tilburg University [ Audio (mp3)

The Future of Freedom of Speech Online

Compared to the kneejerk respect given in the US to the First Amendment, in Europe freedom of speech online seems less easily taken for granted. A recent vote in the European Parliament only narrowly averted mandatory filtering by ISPs being mandated across Europe, while in the UK, Ed Vaizey has revealed plans to create a "porn free" Internet which would require adults to "opt in" to an unfiltered version.  On the other hand, problematic issues around the UK as an Internet libel litigation magnet may finally be addressed in the current Libel Reform Bill.  Globally, the media have seized upon the idea that the Internet, especially Twitter, is behind the current "year of revolutions" in African and Arab countries – but is this true? How far is social networking really a shortcut to democracy? And is net censorship really only a problem for non-Western countries?

Dr Ian Brown,
Oxford Internet Institute

TJ McIntyre
, University College Dublin [ Audio (mp3) ]
David Allen Green
, Preiskel & Co LLP [ Audio (mp3) ]
Professor Ian Walden
, QMUL [ Audio (mp3)

The Future of File Sharing Regulation

The alleged need to protect the copyright industries from the Internet revolution by special legislation enrolling ISPs as enforcers, is one of the most contested issues in modern law, having even spawned its own political party.  What balance should be struck between protecting the creative industries, and standing firm on user rights and the public domain? Do any of the recent models – HADOPI, the UK Digital Economy Act or ACTA – get it right? Does the DEA have a future in a post judicial review, post Hargreaves world?

Andrew Charlesworth, 
University of Bristol.

Francis Davey, Barrister [ Audio (mp3) ]
Stuart Hamilton
, International Federation of Library Associations and Institutions (IFLA) [ Audio (mp3) ]
Professor Martin Kretschmer
, Bournemouth University [ Audio (mp3) ]
Frances Lowe
, PRS for Music [ Audio (mp3)

Have We Lost Faith in Intermediaries? The Role and Responsibility of Online Intermediaries

When the Electronic Commerce Directive was passed in 2000, most parties were agreed that a regime for intermediary hosting immunities based on notice and take down was needed to keep the Internet and e-commerce working. In 2011, things are,, it seems more complex. The Internet has become far less decentralised, with key intermediaries such as Facebook, Google, and in the mobile world, Apple, exerting large amounts of regulatory power over millions of users. What should be the responsibilities of new intermediaries such as cloud suppliers, app platforms and search engines? In the wake of the Wikileaks affair, do we still have faith in intermediaries?

Professor Chris Reed

Jan-Willem Verheijden
, European Commission  [ Audio (mp3) ]
Dr Daithí Mac Síthigh
, University of East Anglia. [ Audio (mp3) ]
Patricia Christias,
 Microsoft UK [ Audio (mp3) ]


One of the most popular parts of the SCL journal lately has been the predictions for the year upcoming. Now experienced participants of the SCL Policy Forum and one newcomer get 10 minutes each to give their predictions for what they feel will be the most exciting things happening in relation to European and UK ICT law regulation in the year before the next SCL Policy Forum.

Chair: Lilian Edwards, University of Strathclyde

The panel: 
Mark Turner
, Herbert Smith LLP [ Audio (mp3) ]
Becky Hogge
, Writer and Technologist [ Audio (mp3) ]
Christopher Marsden
, University of Essex [ Audio (mp3) ]
Graham Smith
, Bird & Bird, LLP [ Audio (mp3) ]

CPD Accreditation for the 3 related online CPD courses to this podcast:
Under the Solicitors Regulation Authority CPD scheme and the Barristers' New and Established Practitioner Programmes the 3 related online CPD courses to this podcast is accredited with 1 hour of CPD each.

Published: 2011-10-11T09:43:59

    Please wait...