** – UPDATE ON CHINA’S GREEN DAM FILTERING SOFTWARE
Reports that the Ministry of Industry and Information Technology of China instructed Jinhui Computer System to improve the Green Dam-Youth Escort, and that the government is recruiting 10,000 volunteers to monitor online content indicate that it is still pushing through with the required installation of the filtering software despite protest from international sectors.   A computer science professor at the University of Michigan posted on the Internet a report on Green Dam’s vulnerabilities, including defects that would allow hackers to monitor a user’s Internet activity. Solid Oak Software from the US which is alleging its code was used in the filtering software is asking companies to stop the distribution of any computers installed with the software.  See June 15 Alert, The NY Times, ZDNet.  <more>  Contact: Editor Alert Date: 6/22/2009

BR – STJ TO EXAMINE LEGALITY OF LOYALTY CLAUSE IN CONTRACTS OF MOBILE TELEPHONY

The Superior Court of Justice is going to analyze whether or not the mobile telephony operators can insert the “loyalty clause” in the adhesion contracts signed by their customers.   The Prosecutors Office filed a claim arguing that such clause violates the constitutional provisions that establish the respect to the consumer, to the free initiative and to the free competition. <more>  Contact: Esther Flesch Alert Date: 6/22/2009

CA – CANADIAN GOVERNMENT INTRODUCES LAWFUL ACCESS LEGISLATION
The Canadian government introduced proposed legislation that would require ISPs to disclose subscriber information such as name and address, grant the police broad new powers to obtain transmission data and force ISPs to preserve data.  Current law permits the police and the Canadian Security Intelligence Service to wiretap private communications, but ISPs are not required to provide access to their systems, which the proposed legislation attempts to address. Large ISPs would be required to implement the proposed legislation, if adopted, immediately, but smaller service providers would have three years to comply fully. Technical Assistance for Law Enforcement in the 21st Century Act , Investigative Powers for the 21st Century (IP21C) Act Vancouver Sun. <more>  Contact: Arlan Gates, Theo Ling Alert Date: 6/22/2009

CN – JUDGE SUES OVER SHUT DOWN OF BLOG
Huang Zhijia, a judge in Hubei province is suing Sina.com after the website shut down his blog for comments he posted accusing the Party School of the Communist Party of China of awarding him an unrecognized diploma.  Huang is asking Sina.com to stop “violating his copyright”, remove the block on his articles, post an apology on its homepage and compensate him RMB 10,000 (US$1,462) for losses.  According to a customer service representative from Sina, like other providers, the company works with the public security authorities to screen content related to violence, pornography and “radical political comments”.  See chinadaily.com. <more>  Contact: Editor Alert Date: 6/22/2009

CN – PREFERENTIAL POLICIES FOR DISPLAY DEVICES INDUSTRY
Under a new notice issued by the Ministry of Finance (“MOF”), preferential tax policies applying in relation to the import by manufacturers of certain materials for thin film transistor liquid crystal displays (“TFT-LCDs”) will be extended by three years.  In addition, the scope of the preferential policies will be broadened to include manufacturers importing materials for plasma display panels (“PDPs”) and organic light emitting diodes (“OLEDs”).  The notice is effective from January 1, 2009 until December 31, 2011.  Another newly-issued MOF notice in relation to TFT-LCD manufacturers also extends for a further three years existing preferential policies concerning the import of materials for clean-room construction and related accessories and manufacturing equipment that cannot be produced in China.  Such items are exempt from import duties and import link VAT.  See mof.gov.cn, mof.gov.cn. <more>  Contact: Jon Eichelberger Alert Date: 6/22/2009

FR – YOUTUBE SUED FOR COPYRIGHT INFRINGEMENT BY FRENCH RECORD LABELS
Gaul's Societe Civile des Producteurs de Phonogrammes en France (SPPF) has filed a lawsuit in a Paris Superior Court accusing YouTube of copyright infringement.   SPPF alleges that YouTube is again hosting more than 100 musicvids made by its members, which YouTube removed from its site after SPPF took legal action against it in 2008.  The society is asking for $13.4 million in damages and interest.  See Variety.  <more>  Contact: Samuel Kramer Alert Date: 6/22/2009

HK – JOB SEEKERS WARNED TO BE CAREFUL WHEN PROVIDING PERSONAL DATA
The Privacy Commissioner for Personal Data urged members of the public, in particular fresh graduates and young people who are looking for summer jobs, to be prudent in handling their personal data in the course of job hunting to avoid unnecessary losses.   Apart from being mindful of blind recruitment advertisements and provision of excessive personal data, the Privacy Commissioner also reminded job seekers to see if employers have provided them with a Personal Information Collection Statement on recruitment in compliance with the Code of Practice on Human Resources Management to protect job seekers’ personal data when they fill in physical or electronic application forms.  See press release. <more>  Contact: Editor Alert Date: 6/22/2009

UK – POLICEMAN BLOGGER CLAIMS ID PRIVACY
The High Court has dismissed a claim for an injunction to protect the identity of an anonymous blogger, in this case a police constable, from being revealed by a newspaper.   The application failed because the information did not have the necessary 'quality of confidence'; nor did it qualify as information in respect of which the claimant had reasonable expectation of privacy.Even if this was wrong the Judge considered that 'any such right of privacy on the Claimant's part would be likely to be outweighed at trial by a countervailing public interest in revealing that a particular police officer has been making these communications'. [[2009] All ER (D) 155 (Jun)*Author of a Blog v Times Newspapers Ltd.]  <more>  Contact: Ilana Saltzman Alert Date: 6/22/2009

US – JAMMIE THOMAS TO PAY RIAA $1.92 MILLION
Jammie Thomas-Rasset was found guilty of willful copyright infringement in a Minneapolis federal court and was ordered to pay the recording industry $1.92 million (see 10/20/2008 Alert).  The jury imposed damages against Thomas-Rasset, who was originally accused of sharing more than 1,700 songs, at $80,000 for each of the 24 songs she was ultimately found guilty of illegally sharing.  See CNET News. <more>  Contact: Samuel Kramer Alert Date: 6/22/2009

US – EXPEDIA ORDERED TO PAY $184 MILLION IN CLASS ACTION SUIT
A Washington Superior Court judge ruled that Expedia pay $184 million for repeatedly breaching its contractual obligations to consumers by charging service fees under false pretenses in millions of hotel transactions.  The judgment is the largest in Washington state history for a consumer class action.  See press release. <more>  Contact: Michael Mensik Alert Date: 6/22/2009

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