SUBSCRIBE TODAY!
Subscribing entitles a reader to complete stories on all topics released as they happen, special features, confidential documents and access to the complete, searchable story archive online back to 2004.
IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

Submit ideas to info [at] ip-watch [dot] ch!

We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

Latest Comments
  • So simply put, we have the NABP saying that all ph... »
  • The original Brustle decision was widely criticise... »

  • For IPW Subscribers

    A directory of IP delegates in Geneva. Read more>

    A guide to Geneva-based public health and intellectual property organisations. Read More >


    Monthly Reporter

    The Intellectual Property Watch Monthly Reporter, published from 2004 to January 2011, is a 16-page monthly selection of the most important, updated stories and features, plus the People and News Briefs columns.

    The Intellectual Property Watch Monthly Reporter is available in an online archive on the IP-Watch website, available for IP-Watch Subscribers.

    Access the Monthly Reporter Archive >

    Nations Begin To Take Action Against United States For NSA Spying

    Published on 9 July 2013 @ 6:44 pm

    By for Intellectual Property Watch

    The Swiss Privacy Foundation (Digitale Gesellschaft) is pushing for legal charges to be pressed against foreign intelligence services violating Swiss law following the revelations of former National Security Agency (NSA) employee and whistleblower Edward Snowden. At the same time, a US judge ruled today that a case against the NSA by the Electronic Frontier Foundation can proceed. And the European Union raised the issue in Washington this week, while Brazil has opened an investigation of US spying in that country.

    In a 7 July letter [pdf, in German] to the Office of the Swiss Federal Prosecutor General, the foundation reported potential violations of Swiss Federal law by illegal intelligence services.

    According to recent press reports on surveillance programmes like Prism (from the US services) and Tempora (from British services), there are good reasons to suspect violations of articles 271, 272, 273 of Swiss Penal Code about political, economic and military espionage by a foreign country, the letter to the Federal Prosecutor General reads.

    The foundation, of which the Digital Allmend, Swiss Pirates and Swiss Chaos Computer Club are members, also want to see an investigation on the grounds of illegal information-gathering and intrusion of computer systems (Articles 143 and 143bis of the Penal Code, respectively).

    So far, Swiss authorities and politicians had not reacted, the activists, said in press statements with regard to the motive for their move. The Swiss activists’ action is not the only legal challenge. The German Prosecutor General has been confirmed to be looking into the issue of potential espionage with regard to the alleged tapping of internet communication from US companies peering at the Frankfurt internet exchange DeCIX.

    The European Union, meanwhile, started talks about the surveillance programmes in Washington yesterday, the incoming Lithuanian EU Presidency reported during a session of the Civil Liberties, Justice and Home Affairs Committee (LIBE) of the European Parliament in Brussels today. The LIBE this week will establish their own investigatory committee on Prism, Tempora and other surveillance programs which will work alongside the task-force set up by the EU Commission.

    There is also action in the United States itself. Today, a federal judge in San Francisco ruled that a case brought by the Electronic Frontier Foundation (EFF) can proceed, rejecting the US government’s state secrets claim, according to EFF. Plus, there is activity among US lawmakers, for instance, a bill introduced in the US Senate (related article here).

    Other countries seem to be joining the investigations. The Brazilian Federal Police and National Telecommunication agency has opened investigations, according the New York Times. At the same time, Brazil is looking to the United Nations, calling for it to address security and privacy of the global internet. (See related news story here.)

    The Prism scandal might revive calls for changes in internet governance, too.

    [Second Update:]

    Meanwhile, the legality of the surveillance programmes is also being heavily questioned in the United States. Yesterday, an amicus brief was filed by the First Amendment Coalition, American Civil Liberties Union, Center for Democracy and Technology, Electronic Frontier Foundation and TechFreedom in support of motions from Google and Microsoft before the Foreign Intelligence Surveillance Court (FISC). The brief argues, according to a press release, that the companies have a First Amendment right to describe their role in the government’s surveillance of the internet. TechFreedom President Berin Szoka said, “The raging debate about the proper extent of our government’s surveillance should have  happened years ago,” and it might have, should tech companies like Yahoo not have been barred from disclosure.

    Law experts also warn against the legality of the NSA’s indiscriminate tapping of phone calls and internet communications. “No statute explicitly
    authorizes mass surveillance,” warned Christopher Sprigman, law professor at New York University School of Law and Jennifer Stisa Granick, director of civil liberties at Stanford Center for Internet and Society, in a New York Times editorial recently.  Americans, the experts wrote, “deserved better (than word plays intended to legitimize such mass surveillance) from the White House - and from President Obama, who has seemingly forgotten the constitutional law he once taught.”

    William New contributed to this report.

    Monika Ermert may be reached at info@ip-watch.ch.

     

    Comments

    1. Joseph Blosch says:

      It is sad that Americans need help from foreign nations in the fight against our own government. The NSA thugs spying on us for the Obama regime have ruined this nation.

    2. JWL says:

      It’ll be interesting to see how the Senate bill introduced by Patrick Leahy is received – limiting who/what can object to the demands of these national security letters is limiting for everyone except the government bodies needing that information, and is that going to help situations like the NSA one we’re facing now?


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
    Your IP address is 54.196.195.207