Articles about The Law

Anti-corruption and anti-bribery policies do not work, and IT and telecom companies haven’t been spared the ill practices, a new study by Eversheds shows.

Eversheds polled 500 board-level executives in large organizations in 12 countries, including 55 in the IT and telecoms sector, about how they’re handling bribery and corruption. Turns out, not so well. Almost two-thirds (65 percent) have said anti-corruption policies do not work, and 80 percent of executives said to have uncovered ill practices within their organizations.

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Google may soon face a record €3 billion fine from the European antitrust authorities over how it abused its control of the online search market in the EU.

This will be the highest fine the European Commission has ever issued as an antitrust punishment. In addition to the fine, Google will be banned from manipulating its search results to favor itself over its rivals.

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When Facebook announced its first quarter results this week, it also announced that it created a new class of stock. The non-voting Class C stock proposed would enable Mark Zuckerberg and his wife Priscilla Chan to more easily fund their philanthropic ventures, whilst keeping Zuckerberg himself firmly in control of Facebook.

In response to this, a lawsuit has been raised that says the proposed deal is unfair. The shareholders raising the class action lawsuit said the deal would grant Zuckerberg even more control and that the board committee didn’t do enough "to obtain anything of meaningful value" in return. The lawsuit accuses him of wanting "to retain this power, while selling off large amounts of his stockholdings, and reaping billions of dollars in proceeds".

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Google is already embroiled in one antitrust case in Europe where the company stands accused of abusing Android's dominance. Now photo agency Getty Images is accusing Google of promoting piracy and engaging in anticompetitive behavior by 'scraping' images from third party sites.

In a familiar-sounding complaint, Getty Images also says that Google skews search results in favor of its own services -- such as Google Images. The photo agency says that this directly impacts upon rival services, but perhaps the big charge is that a change made to Google Images provided access to copyrighted material and "promoted piracy, resulting in widespread copyright infringement".

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When it came to the San Bernardino iPhone, Apple was ready to dig in its heels and refuse to help the FBI to gain access to the encrypted contents. As it turns out, the company needn’t have bothered shouting as a third party helped instead. Now the same thing has happened with another iPhone.

This time around, the Justice Department had been looking for help accessing an iPhone at the center of a drugs case in New York. But now federal prosecutors have said they no longer need Apple’s help as they have managed to get by the lockscreen.

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According to a survey by the cloud hosting firm UKFast, nearly half of businesses are clueless as to where their data is located.

To come to its findings, the company surveyed over 300 IT decision makers in EU businesses, with 47 percent of them unaware of where their personal and company data was hosted.

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The tax arrangements of international technology companies have been in the spotlight for a little while now. Few people disagree with the idea that they should be paying their way when it comes to tax, and one of these people is Steve Wozniak. He thinks Apple should pay tax at a rate of 50 percent -- just like him.

Just like Amazon, Facebook and Google, Apple manages to avoid a great deal of tax by channeling money through a subsidiary located in the Republic of Ireland. This reduces its tax bill dramatically by avoiding the UK corporation tax of 20 percent, and instead paying the Irish rate of 12.5 percent. Apple co-founder Woz feels the company should be paying the same rate that he has to.

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Once again, as it has done in the past, Google makes the classic monopolist defense for its competitive—or anticompetitive, depending on perspective—behavior with respect to Android. Today, the European Union's Competition Commission formerly charged Alphabet and its major subsidiary, which has 12 weeks to provide satisfactory legal response before the Commission issues corrective sanctions.

Simply stated, the EC finds that the company abused its dominant position, in part by contracts compelling Android licensees to preload Google apps and related services, including search. Microsoft ran into similar bundling headaches starting in the late 1990s with respect to Windows. Responding today, Kent Walker, Google general counsel, claims that licensees and consumers can choose to install third-party apps. Microsoft made like-claims during its antitrust defense here and in Europe; they fell flat.

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North Carolina's decision to pass House Bill 2 -- which effectively block measures to protect LGBT people -- means that residents of the state are no longer able to access a popular porn site. Just as Bruce Springsteen decided to show his disgust at the new legislation by cancelling a concert in North Carolina, so xHamster has taken the step of blocking North Carolina porn consumers from accessing the site.

North Carolina's new law prevents local governments from passing anti-discrimination rules to protect lesbian, gay, bisexual and transgender people, and it is sending ripples of disgust through the equal rights movement. With xHamster's involvement, the fight against the legislation has been taken online, hitting state residents where it hurts in a bid to encourage people to sign a petition against the bill.

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The idea of an injunction to prevent newspapers from publishing certain stories are nothing new, far from it. But in recent years, a new breed of superinjunction has been born. These not only prevent the publishing of stories, but can also block the publishing of the names of those involved. Some superinjunctions are such that even reporting the existence of the superinjunction is prohibited.

In recent weeks, a celebrity couple took out a superinjunction to prevent the press from publishing details of an alleged affair (well, a threesome if we cut to the chase). The gagging order prevented news outlets in the UK referring to the couple as anything other than the initials PJS and YMA (not their actual initials, by the way) and the other participants in the alleged ménage à trois as AB and CD. But today a Scottish newspaper took the decision to reveal the names of the couple -- but it could only do so in its print edition, because of the way laws written for the printed press have been awkwardly applied to the web.

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Back in the spring of 2012 Congress passed the Jumpstart Our Business Startups Act (the JOBS Act) to make it easier for small companies to raise capital. The act recognized that nearly all job creation in the US economy comes from new businesses and attempted to accelerate startups by creating whole new ways to fund them.

The act required the United States Securities and Exchange Commission (SEC) by the end of 2012 to come up with regulations to enable the centerpiece of the act, equity crowd funding, which would allow any legal US resident to become a venture capitalist. But the regulations weren’t finished by the end of 2012. They weren’t finished by the end of 2013, either, or 2014. The regulations were finally finished on October 30, 2015 -- 1033 days late.

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The UK culture minister, Ed Vaizey, has warned that people who share screenshots of Snapchat messages without permission are breaking the law. Snapchat is characterized by its self-destructing messages that automatically delete after a short time.

The Conservative politician warned that anyone sharing screenshots of messages without consent could be sued and could face a prison sentence. If the content was of a sexual nature, it could result in a lengthier sentence.

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"They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety". So goes the quote from Benjamin Franklin, one of the Founding Fathers of the United States, in 1755. Little did he know that over 250 years later, his words would be frequently cited in one of the most complex debates of modern times.

In a world where data is collected, shared and sold as the norm, the liberty vs. security question has never been so relevant. The topic has been brought into the public eye by the UK Home Secretary’s draft Investigatory Powers Bill -- or Snoopers’ Charter -- and honed-in on the issue of encryption. More specifically, whether government agencies should be given the power to access encrypted, private communications, by forcing service providers to hand them over.

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Watch TV in the UK -- be it through an aerial, cable, or satellite -- and you have to pay for a TV license. The official line is that you need a TV license "if you watch or record programmes as they're being shown on TV or live on an online TV service" and this has long-meant that anyone time-shifting their viewing by watching shows on BBC iPlayer have been able to do so for free. This is set to change.

Having waxed lyrical about the threat of adblockers to the web, UK culture secretary John Whittingdale turned his attention to the BBC's streaming services. He plans to close a loophole that has permitted people without a TV license to watch non-live shows on iPlayer without paying a fee and -- more importantly -- without breaking the law. He says that this is 'wrong' and wants to bring the 'free ride' to an end.

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Microsoft will join Apple against the FBI and U.S. Justice Department, filing a friend-of-court—or amicus—brief in a case going to court tomorrow. The government wants Apple to create a special version of iOS, referred to by critics as FBIOS, to break into an iPhone 5c security feature. The device manufacturer argues that compliance would set a precedent that would give law enforcement carte blanche with other mobile devices.

Brad Smith, Microsoft's chief legal counsel, says the company "wholeheartedly supports Apple"—a statement that eradicates any potential confusion caused by cofounder Bill Gates. In an interview with Financial Times two days ago, Gates supported the government's demands. I responded, calling his position a "catastrophic occurrence that demands current chief executive Satya Nadella's official response. There needs to be clear policy about government backdoors and the position with respect to the San Bernardino shooting iPhone". The company's position is now unequivocally clear—presuming the legal filing fits with "wholeheartedly".

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