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Swedish Court Says IP Numbers Privacy Protected
oh2 writes "The highest applicable Swedish court, Regeringsrätten, has ruled that IP numbers are protected (in Swedish) since they can be traced to individuals. This means that only government agencies are allowed to track and store IP addresses, leaving 'anti-piracy' advocates with no legal way to find possible copyright infringers." Update: 06/18 14:42 GMT by KD : The original linked article had been pulled due to factual errors and a new article has been posted (link replaced above). Here is a Google translation. The new article makes clear that the ruling does not affect the anti-piracy efforts of rights-holders.
Update: 06/18 15:08 GMT by KD : Behind the link below is a summary in English of the article sent in by the submitter, oh2.
This autumn Datainspektionen will start monitoring how the IPRED law is applied when it comes to disclosure of personal information. A recent verdict in the Regeringsrätten, Sweden's highest applicable court, has upheld Datainspektionens decision that IP addresses are to be considered personal information and therefore protected under law.
In 2005 Datainspektionen ruled that collecting and storing personal information online like copyright advocates were doing was a breach of the Swedish PUL, Personal information act, that regulates how and what kind of information that can be traced to a single individual that can be stored. The anti-piracy organizations were quickly granted an exemption though, that expired March 31st. Starting April 1st this year IPRED allows holders of copyright to apply to the courts for this information.
Datainspektionen will now monitor closely how any personal information acquired from the courts in this manner is used by copyright holders.
Update: 06/18 15:08 GMT by KD : Behind the link below is a summary in English of the article sent in by the submitter, oh2.
This autumn Datainspektionen will start monitoring how the IPRED law is applied when it comes to disclosure of personal information. A recent verdict in the Regeringsrätten, Sweden's highest applicable court, has upheld Datainspektionens decision that IP addresses are to be considered personal information and therefore protected under law.
In 2005 Datainspektionen ruled that collecting and storing personal information online like copyright advocates were doing was a breach of the Swedish PUL, Personal information act, that regulates how and what kind of information that can be traced to a single individual that can be stored. The anti-piracy organizations were quickly granted an exemption though, that expired March 31st. Starting April 1st this year IPRED allows holders of copyright to apply to the courts for this information.
Datainspektionen will now monitor closely how any personal information acquired from the courts in this manner is used by copyright holders.
And no way for server admins to track what virus infected bots are trying to break into their systems.
This rule will hurt more than it will help.
The article had a lot of errors and DN has replaced it with a new article: http://www.dn.se/kultur-noje/nyheter/ny-dom-paverkar-inte-ipredlagen-1.894500 In short: They can still do what they want, but they need a permit for it.
I think overall this is a win for Copyright lobby and not the other way around.
1) Legitimises IP address being tied to account holder. IE lessens the "TOR/ Wifi Defense"
2) APB have gotten an exemption and are now allowed to track IP's.
Sweden has some strange privacy norms. Asking what someone votes for politically is close to a serious faux pa. In fact some people I know have absolutely no idea how their parents or even partners vote. That is a very private thing. But you can look up car owners on a free and public website by registration number, you can go and check tax returns for anyone in Sweden, and see what they earn. On the other hand, religion is another area that you very much leave alone and don't ask about.
Hopefully the IP information will be considered something a little more private, and after the Pirate party did so well in the European elections maybe there is a chance that common sense will prevail and rules like IPRED will be struck down anyway.
From http://en.wikipedia.org/wiki/Supreme_Administrative_Court_of_Sweden
... [T]he court as an institution is independent of the Riksdag, and the government is not able to interfere with the decisions of the court.
That's the IPRED law out the window, then.
Finally had enough. Come see us over at https://soylentnews.org/
Theres a BIG difference between an IP address (which is public information) and account details i.e. the link between an IP address and the account holder that is holding that account at the time (which should NOT be available to anyone without a valid court order or warrant)