Swedish ISP Refuses To Give Up Info; Says IPRED Violates EU Privacy Rules
from the privacy-or-copyright? dept
Since the Swedish IPRED law went into effect, basically requiring ISPs to hand over info on those accused of copyright infringement, many ISPs have begun questioning the legality of the law itself — specifically noting that the law clearly conflicts with privacy laws already in place in Sweden, as well as wider EU privacy rules. Last year, the ISP Ephone appealed a demand for info, and now Swedish telco giant Telia Sonera is doing the same in appealing a demand for info on whoever runs SweTorrents:
In its appeal, the ISP argues that IPRED is in direct violation of the EU’s data retention directive, under which the privacy of the SweTorrents owner would be protected….
“The protection of privacy contained in the directive prevents the application of the Swedish IPRED law in this case,” TeliaSonera’s lawyer Patrick Hiselius said in a comment.
Separately, TeliaSonera also pointed out that the court doesn’t seem to understand the most basic technical aspects of BitTorrent, in that it spoke of “the material that is uploaded on the website” in referring to SweTorrents. But SweTorrents is just a tracker, and thus there is no infringing material uploaded to its website. TeliaSonera points out that the demands for information on SweTorrents, then, is “based on faulty technical knowledge.”