newtech.law - legal aspects of new technologies

The mobile game Pokémon Go became incredibly popular in just a few days, in Poland and everywhere else. The game uses a technology of augmented reality (AR). With maps and GPS, it overlays computer-generated 3D graphics and sound onto the real world as seen by a smartphone camera. To become a Pokémon trainer, the player has to put on sturdy shoes and head out for a real, live walk through the woods and around the streets.

Last year we discussed, in the context of copyright infringement, whether an Internet service provider could be required to block access to a specific web page. The conclusion was that current law did not expressly provide for such measures but attempts to apply them could not be ruled out. But a number of legislative proposals have appeared recently calling for blocking of Internet content that does not infringe copyright.

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.