newtech.law - legal aspects of new technologies

Recent terrorist attacks have revealed the dark side of new information technologies. Organiz­ers of attacks, or fighters for the “Islamic State,” have ruthlessly exploited the latest communica­tions technologies. For example, according to media reports, terrorists have arranged attacks via PlayStation tools or encrypted instant messaging services. Polish lawmakers decided to respond to this phenomenon by passing the Anti-Terrorism Act of 10 June 2016.

According to an Advocate General at the Court of Justice, a provider of free WiFi is not responsible for the actions of its users.

Under Poland’s Criminal Procedure Code, the holder of IT data is required to turn over the data, e.g. concerning the user of a device, at the demand of the competent authorities. But does this apply only to unencrypted data, or also to encrypted data, which to understand would require the holder to decode its own software? Let’s crack this conundrum using the example of the recently publicised American case of Apple Inc.

Operators of crowdfunding platforms should carefully follow the work on the Network and Information Security Directive. The last draft of the proposal suggests that crowdfunding platforms could be covered by the directive.

In the last couple of years we have seen in our legal practice a great increase in the number of cases related to cybercrime (an issue we discussed in the firm Yearbook, at pp. 7–9). Many cases involve attacks on Internet bank accounts from which criminals steal money, mainly using “phishing” methods, sometimes cleaning out customers’ life savings.

The Supreme Court of Poland ruled on 17 February 2016 that an entity conducting direct marketing using automated generating systems (in that case SMS ads) is liable for failure to obtain consent from recipients also when it has contracted out the marketing to an external firm.