Jurisdiction Archives | Page 77 of 137 | Digital Watch Observatory

Amazon considers further appeal after losing GDPR case

Amazon has lost its appeal against a €746 million fine imposed by Luxembourg’s data protection regulator for breaching EU privacy laws.

The country’s administrative court upheld the penalty in a ruling on 18 March, siding with the National Commission for Data Protection (CNPD), which found Amazon had unlawfully processed personal data under the General Data Protection Regulation (GDPR).

The fine remains the largest issued under the EU privacy rules.

The CNPD also ordered Amazon to implement corrective measures, although enforcement will be suspended during the appeal period.

Amazon criticised the decision, arguing the fine was based on subjective legal interpretations without prior guidance from regulators. The company confirmed it is considering further legal action.

Europe has taken a strict stance on data privacy violations, with GDPR setting a global benchmark for consumer protections.

The ruling against Amazon reinforces the EU’s commitment to holding major tech companies accountable for their handling of personal data.

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RFE/RL sues Trump administration over grant cuts

Radio Free Europe/Radio Liberty (RFE/RL), the US-funded news outlet established during the Cold War to reach people under Communist regimes, filed a lawsuit against President Donald Trump’s administration on Tuesday.

The lawsuit aims to block the termination of its federal grant, which was recently cut by the US Agency for Global Media (USAGM).

The cuts affect not only RFE/RL, which broadcasts to Eastern Europe, Russia, and Ukraine, but also Radio Free Asia, which serves China and North Korea.

The decision to cut funding has been widely criticized by press freedom advocates and human rights organizations. Additionally, over 1,300 employees of Voice of America were placed on leave after Trump ordered cuts across USAGM and several other federal agencies.

In its lawsuit, RFE/RL argued that terminating the grant violates federal laws, including the US Constitution, which grants Congress the exclusive authority over federal spending.

RFE/RL President and CEO Stephen Capus called the move a dangerous step towards ceding influence to adversaries’ propaganda and censorship. The case was filed in US District Court for the District of Columbia.

While the Trump administration justified the cuts as part of its broader cost-reduction efforts, the action has drawn backlash from those who view it as an attack on free speech and independent journalism.

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Google acquires Wiz in $32 billion deal

Google has finalized a $32 billion acquisition of Israeli cybersecurity firm Wiz, sealing the deal just weeks after Donald Trump’s inauguration.

The agreement, a significant increase from Google’s initial $23 billion offer, was aided by the expectation of a friendlier antitrust review under the new administration, sources familiar with the negotiations said.

Wiz had considered an IPO before returning to the negotiating table, with new Chief Financial Officer Fazal Merchant playing a key role in shaping the deal alongside CEO Assaf Rappaport.

Google’s cloud chief, Thomas Kurian, was also instrumental in the agreement, which includes an unusually high $3.2 billion breakup fee should regulatory issues derail the transaction.

With Wiz boasting 70% annual revenue growth and over $700 million in annualized revenue, Google viewed the premium price as justified.

However, concerns remain over potential antitrust scrutiny, particularly given Google’s ongoing legal battles with the US Department of Justice over its dominance in search and ad technology.

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Shareholders’ lawsuit against Amazon rejected with prejudice

A US judge has dismissed a lawsuit accusing Amazon of misleading shareholders about its treatment of third-party sellers and its expansion plans, which ultimately led to an antitrust case by the Federal Trade Commission (FTC).

The ruling by Judge John Chun in Seattle was made with prejudice, meaning the lawsuit cannot be refiled. Lawyers representing the shareholders did not immediately comment on the decision.

Investors had alleged that Amazon hid an algorithm that ensured its own products were priced lower than competitors’ and failed to disclose the risks of overexpanding its fulfilment network.

However, Judge Chun found no compelling evidence that Amazon executives, including former CEO Jeff Bezos and current CEO Andy Jassy, intentionally misled investors.

The court ruled that Amazon’s actions were more likely driven by profit-focused business strategies rather than fraud.

The FTC filed an antitrust case against Amazon in September 2023, accusing the company of using its market power to suppress competition and inflate prices.

Eighteen US states and Puerto Rico have joined the lawsuit, with a nonjury trial set for October 2026. The shareholder lawsuit covered Amazon stockholders from February 2019 to April 2022.

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Apple loses appeal against German regulators

Apple has lost its appeal against a regulatory decision that could impose stricter controls on the company in Germany.

The Federal Court of Justice upheld a 2023 ruling by the country’s competition authority, which classified Apple as a company of ‘paramount cross-market significance for competition,’ placing it under closer scrutiny.

A decision like this means Apple will face potential regulatory measures similar to those imposed on tech giants such as Google’s parent company, Alphabet, and Facebook’s owner, Meta.

The ruling follows a judge’s earlier indication in January that the court would side with the regulator. Apple had attempted to involve the European Court of Justice in Luxembourg, but the request was denied.

In Europe, Apple’s App Store has come under increasing scrutiny, with regulators expressing concerns over how the company collects and utilises vast amounts of user data. This latest setback adds to Apple’s ongoing legal and regulatory challenges in the region.

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California’s attempt to regulate online platforms faces legal setback

A federal judge in California has blocked a state law requiring online platforms to take extra measures to protect children, ruling it imposes unconstitutional burdens on tech companies.

The law, signed by Governor Gavin Newsom in 2022, aimed to prevent harm to young users by mandating businesses to assess risks, adjust privacy settings, and estimate users’ ages. Companies faced fines of up to $7,500 per child for intentional violations.

Judge Beth Freeman ruled that the law was too broad and infringed on free speech, siding with NetChoice, a group representing major tech firms, including Amazon, Google, Meta, and Netflix.

NetChoice argued the legislation effectively forced companies to act as government censors under the pretext of protecting privacy.

The ruling marks a victory for the tech industry, which has repeatedly challenged state-level regulations on content moderation and user protections.

California Attorney General Rob Bonta expressed disappointment in the decision and pledged to continue defending the law. The legal battle is expected to continue, as a federal appeals court had previously ordered a reassessment of the injunction.

The case highlights the ongoing conflict between government efforts to regulate online spaces and tech companies’ claims of constitutional overreach.

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US launches national security unit to combat cyberattacks on telecom sector

The Federal Communications Commission (FCC) has launched a national security unit in response to recent cyber incidents affecting US telecommunications firms.

These incidents, attributed to a group known as Salt Typhoon, involved unauthorised access to sensitive data and communications.

The newly formed unit will be led by Adam Chan, FCC’s national security counsel, and will include representatives from eight different bureaus and offices within the agency. The council’s objectives are to:

Reduce reliance on foreign entities in the US telecom and technology supply chains.
Address vulnerabilities related to cyber threats, espionage, and surveillance.
Support U.S. leadership in critical technologies, including 5G, satellites, quantum computing, IoT, and robotics.

Cybersecurity experts have emphasised the importance of securing digital infrastructure against advanced threats. The telecommunications sector, despite its established cybersecurity measures, continues to face persistent and evolving risks.

Recent reports indicate that Salt Typhoon has continued targeting US telecom networks, with activity observed as recently as February.

The FCC has taken several steps in recent months to enhance industry security, and the formation of this council represents a further effort to strengthen resilience.

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US bans Chinese AI LLM DeepSeek from government devices

Several US Commerce Department bureaus have recently prohibited using the Chinese AI model DeepSeek on government-issued devices, according to internal communications and sources familiar with the matter.

A mass email circulated among staff emphasised the importance of safeguarding departmental information systems, instructing employees to refrain from downloading, viewing, or accessing any applications, desktop apps, or websites associated with DeepSeek.

The case reflects escalating apprehensions among US officials and legislators regarding data privacy and the potential exposure of sensitive government information through DeepSeek’s usage.

In February, Representatives Josh Gottheimer and Darin LaHood, House Permanent Select Committee on Intelligence members, introduced legislation to ban DeepSeek on government devices. They also contacted state governors, urging similar prohibitions at the state level. In a letter dated 3 March, the lawmakers cautioned that using DeepSeek could inadvertently share highly sensitive and proprietary information with the Chinese Communist Party, including contracts, documents, and financial records.

Several states, including Virginia, Texas, and New York, have already implemented bans on DeepSeek for government devices. A coalition of 21 state attorneys general has called on Congress to enact comprehensive legislation addressing this issue.

The concerns stem from DeepSeek’s rapid emergence as a low-cost AI model, which has disrupted global equity markets and posed a potential threat to the United States’ leadership in AI.

Stay updated on DeepSeek developments!

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London court holds secret hearing on Apple’s cloud encryption dispute

A London court has reportedly heard Apple’s appeal against a British government order requiring it to provide access to encrypted cloud storage.

The hearing, held at the Investigatory Powers Tribunal on Friday, took place behind closed doors, with no media or civil rights groups allowed to attend.

The case stems from a ‘technical capability notice’ issued to Apple, which allegedly compelled the company to create a backdoor into its encrypted services. In response, Apple removed its Advanced Data Protection feature for new users in Britain.

Neither Apple nor the UK government has confirmed the existence of the order, but reports suggest it has raised concerns among privacy advocates and foreign governments.

Civil rights groups, including Privacy International and Liberty, have condemned the secrecy of the proceedings, calling the order ‘unacceptable and disproportionate.’

Critics argue that allowing governments to bypass encryption undermines privacy and security for users worldwide. The issue has drawn international attention, with United States officials investigating whether Britain’s actions violated the CLOUD Act, which restricts demands for US citizens’ data.

Government officials have remained tight-lipped, with the Home Office refusing to comment and security ministers maintaining a policy of neither confirming nor denying such notices.

While authorities argue that encryption access is essential for tackling serious crimes, opponents warn that weakening security protections could have far-reaching consequences. The case highlights ongoing tensions between governments and tech companies over privacy, security, and law enforcement.

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ICC Office of the Prosecutor invites public input on draft policy for cyber-enabled crimes

The Office of the Prosecutor of the International Criminal Court invites public comments on its draft policy addressing cyber-enabled crimes under the Rome Statute.

The Office encourages participation from all relevant stakeholders, including States Parties, civil society organisations, private sector entities, and experts in the field.

Contributions will support the development of a final policy paper that will guide the Office’s approach to cyber-related conduct within its jurisdiction, including its investigative and prosecutorial activities.

The policy paper builds on the crimes outlined in the Rome Statute, assessed within the broader framework of international law.

It aims to enhance transparency regarding the Office’s work in this area and contribute to discussions on legal standards, best practices, and frameworks for cooperation, including those relevant to national authorities.

The draft policy clarifies that the Court does not have jurisdiction over common cybercrimes, such as fraud or unauthorised access to computer systems, which are typically addressed under national laws.

While some countries have international obligations to prosecute these crimes under specific treaties, they do not fall within the mandate of the Court. However, national efforts to combat such crimes may sometimes overlap with the Court’s work where they intersect with crimes under its jurisdiction.

To date, cyber-related issues have only been considered at the periphery of the Court’s work, and their legal and practical implications have yet to be fully explored.

Investigating and prosecuting cyber-enabled crimes presents new and complex challenges. This policy sets out the Office’s current position on these issues while recognising that certain matters may only be fully addressed as the Court’s practice in this area develops.

As with any crime under the Court’s jurisdiction, cyber-enabled crimes will be assessed based on their gravity—including their scale, nature, manner of commission, and impact.

The Court focuses on crimes of the most serious international concern, typically those causing widespread harm to large populations.

An exception applies to offences against the administration of justice, which are not subject to a gravity threshold but are considered serious due to their impact on the Court’s ability to function.

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