newtech.law

Author: Aleksandra Lisicka

She examines how established legal rules and industry practices function in the rapidly evolving world of new technologies and whether parties can handle tech disputes without lawyers.
Posted on Categories judicature, litigation

Choice of court for the victim of online publication?

On 15 December 2017, judges of the Civil Chamber of the Supreme Court of Poland ruled on the crucial issue of the choice of court for a plaintiff alleging injury from a publication posted online.

Under Art. 35 of the Civil Procedure Code, a tort claim can be filed with the court in whose jurisdiction the event causing the damage occurred. This provision does not make it clear however whether for this purpose the place where the event causing the damage occurred can also be the area of the court’s jurisdiction where the plaintiff could have seen the online publication.

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Posted on Categories cybersecurity, litigation

Do we need a special court for cybercrime cases?

The City of London Corporation announced in October 2017 that it would establish a new court in London for dealing with cybercrimes. This will reaffirm London’s status as a world financial centre and the best place to run businesses and solve disputes. Other states are also considering establishing such courts. In our view, Poland should not fall behind and should set one up too.

Our firm has seen an increase in cybercrime litigation cases, particularly over the last two years. Examples are: manipulating e-mail correspondence in order to change the details of transfers of funds, phishing, security breaches in servers and theft of confidential data, attacks on devices connected to the internet, malware, thefts of cryptocurrencies on deposit with cryptocurrency exchanges and public wallets, and fraudulent operations of algorithms on various websites.

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Posted on Categories artificial intelligence

FSB report on artificial intelligence in the financial sector

The Financial Stability Board (FSB) was set up in 2009 by members of the G20 to coordinate the work of financial authorities at the international level and promote and develop financial stability policies. It is made up of representatives of state authorities responsible for finances from 24 countries, financial institutions, and supervisory and regulatory authorities.

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Posted on Categories judicature, privacy/personal data protection

Are parents entitled to access the Facebook account of a deceased child?

In 2012 a 15-year-old girl was killed when she was hit by a train in the Berlin metro. Not knowing whether the death of her daughter was suicide or an accident, her mother decided to log on to her daughter’s Facebook account and read her messages in the hope that this would resolve the matter.

After attempting unsuccessfully to guess the password, the mother asked Facebook to provide her with her daughter’s details and allow her to read private conversations. Facebook refused to grant access to the account, which had been changed to a “memorialised” account. In effect the account was frozen, and the timeline was being used as a place for friends to share memories of the deceased girl.

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Posted on Categories IT, telecommunication

Will the rule of net neutrality survive the arrival of the internet of things?

Hardly have American and EU legislators enshrined the principle of net neutrality in law, when developments are already gaining strength and openly threatening its survival. The spread of the internet of things will give rise to new challenges to the neutrality principle. However, we should expect that this time the reaction of governments and parliaments will be different. This is because the internet of things makes it impossible to ensure equal treatment for each transfer of data. It is likely that there will be three speeds for data transfers over internet links. Data traffic from specialised services will be privileged, other services will enjoy neutral treatment, while transfers of data from the internet of things may be slowed.

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