IP/IT News – July & August 2023

⭐ [ Best of ] Read the July's and August's top news about intellectual property, technology and data protection.

🇪🇺 DSA / Legislation: Entry into force of the Digital Services Act on August 25.

🇺🇸 Cybercrime: A database containing the information of more than 2 million users of Duolingo application has been put up for sale on hacker forums since August 21st.

🇺🇸 Copyright / Justice: Major music labels are suing Internet Archive in the United States for copyright infringement (Press Release August 12, 2023).

🇩🇪 Copyright / Justice: The German justice system closes Youtube-dl.org, which allowed the downloading of videos posted online, in particular on Youtube (Press release of August 9, 2023).

🇪🇺 DSA / Regulation: TikTok announces that it is changing some of its practices to comply with the Digital Services Act (Press release of August 4, 2023).

🇺🇸 Cybercrime: Microsoft announces that it has identified social engineering attacks on Teams by a group of hackers (Press release of August 2, 2023).

🇮🇹 Copyright / Legislation: The new Italian law against piracy will come into force on August 8, 2023. It allows the blocking of live events by ISPs within the first 30 minutes of the broadcast and to impose fines up to 5,000 euros for users and 265,000 euros for ISPs (Press release of July 12, 2023).

🇫🇷 Domains / Study: The French .fr registry AFNIC publishes the 2022 edition of the global domain name market observatory (Press release of July 10, 2023).

🇪🇺 Crime / Legislation: Publication in the OJEU of the regulation and directive on obtaining electronic evidence in criminal proceedings (OJEU of 28 July 2023).

🇪🇺 Cybersecurity / Legislation: Member States adopt a common position on security requirements for digital products (Press release of 19 July 2023).

🇪🇺 Personal Data / Legislation: The Commission proposes a new regulation establishing additional procedural rules relating to the application of the GDPR (Proposal of July 4, 2023).

🇫🇷 Neighbouring Rights / Justice: The French international news agency, AFP, takes Twitter/”X” to court to enforce the neighbouring rights of press agencies and publishers (Press release of August 2, 2023). 

🇺🇸 Blockchain / Regulation: Google announces updating its Play Store rules to “open new ways to transact blockchain-based digital content within apps and games on Google Play” (Press release July 12 2023). 

🇺🇸 Social Networks / Regulation: Meta blocks its new social network Threads in Europe for regulatory reasons (Press release of July 14, 2023).

🇪🇺 Cybercrime / Regulation: Europol publishes its annual report on the Internet organised crime threat assessment (IOCTA 2023; Press release of July 17, 2023). 

🇫🇷 Banking-Insurance / Regulation: The French Prudential Supervision and Resolution Authority (ACPR) has updated its blacklist of websites or entities offering, in France, credits, savings accounts, payment services or insurance contracts without being authorised to do so (Press release of July 10, 2023).

🇺🇸 Cyber / Regulation: The U.S. Department of Commerce adds two spyware merchants to its blacklist “for engaging in activities contrary to the national security or foreign policy interests of the United States” (Press release July 18, 2023).

🇪🇺 Personal Data / Regulation: The Norwegian Data Protection Authority, Datatilsynet, announces a temporary ban on behavioural advertising on Facebook and Instagram based on the surveillance and profiling of users in Norway (Press Release July 17, 2023). 

🇫🇷 Online Hate / Regulation: The French Regulatory Authority for Audiovisual and Digital Communication, Arcom, publishes its report on the means and measures implemented by online platform operators to combat the dissemination of hateful content (Press release July 24, 2023). 

🇫🇷Identity Theft / Regulation: The French government has put the Filigrane.beta.gouv.fr tool online, allowing the users to quickly add a watermark to any document and thus secure the sending of identity documents against identity theft (Press release August 3, 2023).

🇪🇺 Personal Data / Regulation: The European Commission adopts a new adequacy decision concerning the safe and trusted circulation of data between the Europe and the United States (Press release July 10, 2023). 

🇪🇺 DMA / Regulation: July 3rd was the deadline for large systemic digital platforms to notify the Commission that they meet the thresholds to qualify as gatekeepers under the Digital Markets Act. The list is published by the European Commission (Press release of July 4, 2023). 

🇫🇷 Online Hate / Legislation: Publication in the Official Journal of Law No. 2023-566 of July 7, 2023 aimed at establishing a digital majority and combating online hate.

🇪🇺 DSA / Regulation : Amazon challenges before the General Court of the European Union in Luxembourg its status as a very large online platform which must be subject to stricter examination under the rules of the Digital Service Act (Press release July 12, 2023).

🇺🇸 Cryptocurrencies / Justice: The American company Ripple Labs Inc did not violate federal securities law by selling its XRP token on public exchanges according to a decision of July 13 of the American judge. The Securities and Exchange Commission (SEC) plans to appeal the decision (Decision July 13, 2023).

🇫🇷 Cyber / Legislation: The French Law n° 2023-703 of August 1, 2023 relating to military programming (LPM) for the years 2024 to 2030 has been definitively adopted by the French Parliament. The budget devoted to cyber will be multiplied by three compared to the previous LPM (Legislative file of Law no. 2023-703; Press release of July 17, 2023). 

🇫🇷 Counterfeiting / Justice: The French politician Mr. Jean-Luc Mélenchon and its political party La France insoumise are condemned for copyright infringement due to the use in a campaign clip of the work of a street-artist. The panorama and short quotation exceptions are rejected (CA Paris, July 5, 2023). 

🇫🇷 Consumption / Justice: Two Swiss companies sentenced to transactional fines of €300,000 and €100,000 for the online marketing of food supplements with alleged medical virtues and other false claims, which constitutes a deemed misleading commercial practice (DGCCRF Press release August 2, 2023). 

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