Jurisdiction

Judge allows Musk’s DOGE to keep accessing government data

A US federal judge has denied a request to temporarily block Elon Musk’s Department of Government Efficiency (DOGE) from accessing data from seven federal agencies or making further workforce cuts. The lawsuit, brought by 14 Democratic attorneys general, argued that DOGE was overstepping its authority by reshaping agencies and obtaining vast amounts of government information. However, Judge Tanya Chutkan ruled that the plaintiffs failed to prove immediate harm, allowing DOGE to continue operations.

Despite this decision, the judge acknowledged serious constitutional concerns regarding Musk’s authority. She noted that Musk had not been nominated by the US President Trump or confirmed by the Senate, raising potential violations of the Appointments Clause. In her ruling, Chutkan also criticised the Trump administration’s legal arguments, suggesting inconsistencies in its justification for DOGE’s powers.

While the restraining order was denied, the states can still pursue their case, potentially seeking a preliminary injunction to halt DOGE’s access to federal data. New Mexico Attorney General Raúl Torrez vowed to continue the legal fight, accusing Musk of destabilising government functions and acting without proper oversight. The battle over DOGE’s legitimacy is expected to intensify in the coming months.

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US court urged to reconsider net neutrality ruling after push from public interest groups

Public interest groups have urged a US court to revisit its decision blocking the reinstatement of net neutrality rules. The appeal was submitted to the 6th Circuit Court of Appeals after a three-judge panel ruled that the Federal Communications Commission (FCC) lacked authority to enforce the rules.

These rules, first implemented in 2015 and later repealed under a different administration, aim to ensure equal access to the internet for all users.

Advocates, including Free Press and Public Knowledge, argue that the court’s ruling conflicts with a previous decision by another court. They emphasised the importance of protecting users from potential abuses by broadband providers, who might prioritise their own interests over fair access.

A representative for FCC Commissioner Brendan Carr, an opponent of net neutrality, has not yet responded to the appeal.

Net neutrality rules prevent internet providers from blocking or slowing content or giving preferential treatment to certain users. While state-level rules remain in place in regions like California, the court’s decision could halt federal efforts to oversee broadband regulation.

Earlier this year, the FCC had sought to reinstate these protections, but industry groups successfully argued for a temporary block.

Supporters of the rules include major tech companies, while telecom industry representatives view them as unnecessary and counterproductive. The ongoing legal battles could determine whether federal regulators will regain the ability to enforce open internet policies.

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Google settles tax dispute in Italy for 326 million euros

Milan prosecutors have announced plans to drop a case against Google’s European division after the company agreed to settle a tax dispute by paying 326 million euros (£277 million). The settlement covers the period from 2015 to 2019, including penalties, sanctions, and interest.

The tax dispute stemmed from allegations that Google had failed to file and pay taxes on revenue generated in Italy, based on the digital infrastructure it operates within the country. This comes after the company settled a previous tax case with Italian authorities in 2017 by paying 306 million euros, which acknowledged Google’s permanent presence in Italy.

In 2023, Italy had requested that Google pay 1 billion euros in unpaid taxes and penalties. However, with this latest settlement, the case against the tech giant appears to be resolved for now.

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Google faces backlash from privacy advocates over new tracking rules

Google has introduced changes to its online tracking policies, allowing fingerprinting, a technique that collects data such as IP addresses and device information to help advertisers identify users. The new rules mark a shift in Google’s approach to online tracking.

Google states that these data signals are already widely used across the industry and that its goal is to balance privacy with the needs of businesses and advertisers. The company previously restricted fingerprinting for ad targeting but now argues that evolving internet usage—such as browsing from smart TVs and gaming consoles—has made conventional tracking methods, like cookies, less effective. The company also emphasises that users continue to have choices regarding personalised ads and that it encourages responsible data use across the industry.

Critics argue that fingerprinting is harder for users to control compared to cookies, as it does not rely on locally stored files but rather collects real-time data about a user’s device and network. Some privacy advocates believe this change marks a shift toward tracking methods that provide users with fewer options to opt out.

Martin Thomson, an engineer at Mozilla, noted that by allowing fingerprinting, Google has given itself—and the advertising industry it dominates—permission to use a form of tracking that people can’t do much to stop. Lena Cohen, staff technologist at the Electronic Frontier Foundation, expressed similar concerns, stating that fingerprinting could make user data more accessible to advertisers, data brokers, and law enforcement.

The UK’s Information Commissioner’s Office (ICO) has raised concerns over fingerprinting, stating that it could reduce users’ ability to control how their information is collected. In a December blog post, Stephen Almond, the ICO’s Executive Director of Regulatory Risk, wrote that this change irresponsible, and that advertisers and businesses using this technology will need to demonstrate compliance with privacy and data laws.

Google responded that it welcomes further discussions with regulators and highlighted that IP addresses have long been used across the industry for fraud prevention and security.

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Europol chief warns trust in law enforcement at risk

Law enforcement agencies must ensure public understanding of the need for expanded investigative powers to effectively combat the increasing scale and complexity of cybercrime, Europol’s chief Catherine De Bolle stated at the Munich Cyber Security Conference.

De Bolle emphasised that cybercriminal activity is not only growing in volume but also evolving in sophistication, leveraging both traditional telecom infrastructure and advanced digital tools, including dark web marketplaces. In response, she underscored the necessity for law enforcement agencies to strengthen their technical capabilities. However, she noted that implementing large-scale investigative measures must be balanced with maintaining public confidence in state institutions.

Her remarks followed those of Sir Jeremy Fleming, former director of the UK’s cyber intelligence agency GCHQ, who spoke about the importance of maintaining public trust in intelligence operations.

De Bolle further stressed the need for stronger collaboration between government agencies, private sector entities, and international organisations to address cyber threats effectively. As cybercrime and state-sponsored cyber activities increasingly overlap, she advocated for a shift away from fragmented approaches, calling for ‘multilateral responses’ to improve collective cybersecurity readiness.

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AI copyright case could set legal precedent

A US federal judge has ruled that Ross Intelligence infringed on Thomson Reuters’ copyright by using its legal research content to train an AI platform. The decision marks a significant moment in the ongoing debate over AI and intellectual property, as over 39 similar lawsuits progress through US courts.

Ross had argued that its use of Reuters’ Westlaw headnotes, summaries of legal decisions, was transformative, meaning it repurposed the material for a different function. However, the judge rejected this defence, ruling that Ross merely repackaged the content without adding significant new value. The company’s commercial intent also played a role in the ruling, as its AI system directly competed with Reuters’ legal research services.

The ruling could impact future AI copyright cases, particularly those involving generative AI models trained on publicly available content. While some believe it strengthens the case for content creators, others argue its scope is limited. Legal experts caution that further court decisions will be needed to define how copyright law applies to AI training in the long term.

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Poland fails to appoint DSA regulator after EU deadline

A year after the EU’s legal deadline, Poland has yet to designate a national regulator to help the European Commission enforce the Digital Services Act (DSA), which governs online platforms. The country risks being referred to the EU courts for non-compliance, becoming the only member state not to have appointed a regulator. The European Commission initiated an infringement procedure in late 2023, urging Poland to meet the requirements.

Poland was also warned for not establishing penalty rules under the DSA. While Belgium has named its telecom regulator as the country’s DSA coordinator, Poland has not made such appointments, although the Ministry for Digitalization stated that it is ‘working on’ implementing the regulation. The process is still ongoing, with no clear timeline for completion.

The DSA, aimed at curbing illegal content online, required EU member states to designate national regulators by February 2024. These Digital Services Coordinators (DSCs) are meant to oversee the implementation of the rules and support the European Commission in monitoring compliance. Poland’s delay, along with Spain and the Netherlands, has led to formal notices from the Commission, which could take further legal action if the issues are not resolved soon.

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Argentina’s President faces impeachment calls over cryptocurrency scandal

President of Argentina, Javier Milei, is facing impeachment calls from opposition lawmakers after promoting a little-known cryptocurrency that crashed shortly after his endorsement. Late on Friday, Milei posted on X recommending the crypto coin $LIBRA, causing its price to surge to nearly $5 before plummeting below $1 within hours.

Critics accused the president of irresponsibility, with some suggesting the incident could be a “rug pull” scam designed to manipulate investments.

Lawmaker Leandro Santoro, a member of the opposition coalition, called the incident an international embarrassment and announced plans to seek Milei’s impeachment.

Argentina’s fintech chamber acknowledged the possibility of fraudulent activity, adding to concerns about the president’s involvement. Local media reported that Milei’s post remained online for a few hours before being deleted.

Milei later distanced himself from the cryptocurrency, stating he had no connection to it and was unaware of its details before promoting it.

After learning more, he removed the post to avoid further publicity. Despite his explanation, the controversy has intensified political tensions, with opposition figures questioning his judgment and calling for accountability.

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EU’s Ribera criticises Trump’s disruption of transatlantic relations

The EU’s competition chief, Teresa Ribera, has criticised US President Donald Trump for disrupting the ‘trustful relationship’ between Europe and the United States, highlighting the unpredictability and instability of Washington’s actions. In an interview with Reuters, Ribera stated that while Europe must engage in negotiations with the White House on trade issues, it should not be pressured into changing laws that have already been passed. She emphasised that Europe must remain firm on its principles, including human rights, democracy, and the unity of the continent, despite Trump’s transactional political approach.

Ribera also responded to criticism from Trump and his government, who have labelled EU regulations on US tech companies as a form of taxation. She dismissed these claims, stressing that Europe’s legal framework aims to ensure stability and predictability for businesses. In contrast, she expressed concern over the uncertainty created by the White House’s frequent policy shifts, particularly with regard to tariffs on steel, aluminium, and other sectors. The EU has vowed to respond firmly to any tariff increases imposed by Trump.

In addition, Ribera revealed that the European Commission would soon decide whether tech giants Apple and Meta Platforms have complied with the EU’s Digital Markets Act. Both companies face potential fines if found in breach of the regulations, which are designed to curb their market dominance. Ribera also confirmed that investigations into Elon Musk’s social media platform X would continue, disregarding Musk’s ties to the US administration.

As tensions between Washington and Brussels continue to rise, Ribera reiterated that businesses seek a stable and predictable legal environment, something she feels is increasingly lacking in the US under Trump’s leadership. The EU remains committed to enforcing its regulations and protecting its values despite external pressures.

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Indian music industry joins lawsuit against OpenAI

Several of India’s leading Bollywood music labels, including T-Series, Saregama, and Sony, seek to join a lawsuit against OpenAI in New Delhi. They are concerned that the company’s AI models may have used their sound recordings without permission, potentially violating copyright laws. The legal action follows a previous lawsuit filed by Indian news agency ANI, which accused OpenAI’s ChatGPT of using content without authorisation to train its models. The music labels argue that this issue has significant implications for the global music industry.

The music companies, which represent major Indian and international music acts, claim that OpenAI’s AI systems could extract lyrics, compositions, and sound recordings from the internet without consent. T-Series, known for releasing thousands of songs annually, and Saregama, which holds a vast catalogue of iconic Indian music, are leading the charge. The Indian Music Industry (IMI), which also represents global labels like Sony Music and Warner Music, is pushing for the case to be heard in court, as the outcome could impact the future use of copyrighted content in AI training.

OpenAI, backed by Microsoft, argues that it adheres to fair-use principles by using publicly available data to build its AI models. However, the company is facing increasing legal pressure from multiple sectors worldwide, including recent lawsuits in Germany, where GEMA accused OpenAI of unlicensed use of song lyrics. OpenAI has opposed the Indian lawsuit, claiming that Indian courts do not have jurisdiction over the matter, given the company’s US base.

The next court hearing, which could shape the future of AI and copyright law in India, is scheduled for 21 February. This legal battle is gaining attention, particularly as OpenAI’s chief, Sam Altman, recently visited India to discuss the country’s plans for developing low-cost AI technology.

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