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On 7 January 2009 the Ministry of Internal Affairs and the State Agency for Information Technology and Communications adopted the Ordinance No 40 on Data Types and the Terms and Conditions for Retention and Dissemination of Data by the Enterprises Providing Public Electronic Networks and/or Services for the Purposes of National Security and Criminal Investigations (“the Ordinance”). The legal basis for this is Directive 2006/24/ЕC on data retention amending Article 251 of the Bulgarian Electronic Communications Act. Article 5 para. 1 of the Ordinance reads as follows: „For the purposes of criminal...

On 3 December 2008, the Rechtsausschuss (Legal Affairs Committee) of the Bundestag (lower house of parliament) approved the draft Gesetz zur Neuordnung der Entschädigung von Telekommunikationsunternehmen ( TK-Unternehmen ) für die Heranziehung im Rahmen der Strafverfolgung (Act on the reform of compensation for telecommunications companies providing assistance with criminal prosecutions - TKEntschNeuOG). Under the Act, companies will in future be entitled to flat rate compensation payments for costs they incur when carrying out surveillance orders and disclosing call or location data. The Act does...

On 26 September 2008 President Gurbanguly Berdymukhamedov signed into law the new Constitution of Turkmenistan, adopted that same day by the 21st extraordinary session of the Halk Maslahaty (People's Council). The new Constitution replaces the text adopted in 1992 which, itself, was amended several times. The new Constitution does not make significant changes in the legal status of the mass media. Article 28 states that “citizens of Turkmenistan shall have the right to freedom of opinion and their free expression, as well as to receive information unless it represents a state secret or any other...

In the Netherlands a code of conduct on Notice-and-Take-Down (NTD) has been drawn up. The code establishes a procedure for intermediaries that have been notified about online content that is punishable or unlawful. The code was presented to the secretary of Economic Affairs and announced in a press release on 9 October 2008. It was adopted in the context of a project undertaken by the Nationale Infrastructuur Cyber Crime (National Infrastructure against Cybercrime - NICC), a public private partnership that brings together stakeholders to collaborate in the fight against cybercrime. The partnership...

Les Infiltrés is a discussion programme based on reporting carried out exclusively using concealed cameras aimed at “gaining access to information revealing dysfunctions of French society that are being kept secret, by means of ‘infiltration’ by a journalist” that has a keen following among the public but is less appreciated by professionals. After the national syndicate of journalists had been disparaging about the method used, recalling the specific features of public-sector audiovisual services and the ethical principles that require journalists to make use of this type of procedure only on...