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USA -v- Microsoft Supreme Court hearing, Digital Rights Ireland and ORG Amicus Brief

US Supreme Court building from the front portico

USA -v- Microsoft is an important ongoing case, listed for hearing today before the US Supreme Court. Microsoft have been very firm that the US government’s efforts to make domestic court orders effective outside of the US is not based on a correct interpretation of US law. While lower courts sided with the US, the Federal Appeals Court of the 2nd Circuit found in favour of Microsoft. You can read the amicus brief submitted by Digital Rights Ireland, Liberty and […]


Digital Rights Ireland: Application for a Trial of Preliminary Issue

In January 2012, in the case of Digital Rights Ireland Ltd. v The Minister for Communications & Ors., the High court referred certain questions to the CJEU (ECJ) under Article 267 TEU. In the events that happened the ECJ struck down or found invalid Directive 2006/24/EC in the course of the hearing of the referred questions. The High court is now hearing the parties (Digital Rights Ireland Ltd. and the Minister for Communications & Ors.) in the resumed proceedings, interrupted […]


Digital Rights Ireland files Amicus Brief in Microsoft v USA with Liberty and ORG

Microsoft -v- USA is an important ongoing case, currently listed for hearing in 2015 before the US Federal Court of Appeal of the 2nd Circuit. You can read about why this case is significant for Microsoft on their official blog. However, as the case centres around the means by which NY law enforcement are seeking to access data of an email account which resides in Dublin, it is also crucially significant to Ireland and the rest of the EU. For […]


Digital Rights Ireland: ECJ Judgment striking down Data Retention

The ECJ judgement on Digital Rights Ireland’s challenge to the EU’s data retention regime.


Digital Rights Ireland: Oral Submission to the European Court of Justice on the Data Retention Directive

McGarr Solicitors act for Digital Rights Ireland. The case of Digital Rights Ireland Limited, seeking to challenge Data Retention, reached a significant milestone on the 9th July 2013, when the case was heard before the European Court of Justice in Luxembourg. The ECJ had received a referral from the Irish High Court, asking it to rule on the question of whether the Data Retention Directive (Directive 2006/24, to its friends) was compatible with basic EU laws. You can read the […]


Oireachtas Committee on Communications: Digital Rights Ireland submission re Social Media and cyber-bullying

The following is the text of a submission which we have sent on behalf of our clients Digital Rights Ireland to the Oireachtas Joint Committee on Communications and Transport. It was written by Fergal Crehan BL on behalf of Digital Rights Ireland and is a genuine attempt to engage with the current law surrounding balancing rights to free expression with other personal rights. In addition, the submission draws on recent media reports describing Minister for Communications Pat Rabbitte’s intended future […]


EMI Records [Ireland] Ltd and Ors -v- UPC Communications Ltd and Ors : Digital Rights Ireland Ltd granted leave to move Motion to Intervene as Amicus Curiae

This matter was returnable today for directions by Mr. Justice Kelly in the Commercial Court. The High Court Record Number of this matter is 2012/12381. Mr. Ronan Lupton BL, appearing on behalf of Digital Rights Ireland Ltd and instructed by McGarr Solicitors applied to the court for leave to serve a Notice of Motion, together with grounding affidavit, seeking to intervene in these proceedings as a friend of the court, or Amicus Curiae. The court set a date for the […]


Digital Rights Ireland Ltd: Letter to Ministers for Communications and Enterprise

We note that, following the judgement in EMI Ltd and Ors -v- UPC, media reports have suggested that you, or your officials, intend to hold discussions with representatives of both the unsuccessful plaintiffs and Internet Service Providers.

We request, on behalf of our clients, that they be included in these discussions.


Digital Rights Ireland: High Court Submissions

The High Court is seeking submissions from the parties to the Digital Rights Ireland case. See the Pleadings HERE. See the most recent post on the issue HERE The Court is seeking suggestions as to the form of questions to be submitted to the European Court of Justice. DRI has, in its Statement of Claim, suggested a form of question or questions to be submitted. Currently, DRI has furnished its expanded draft of the terms of the Reference to be […]


Digital Rights Ireland Data Retention Case

DRI’s case is brought in its own name, but it is an action with implications for every citizen of Ireland, whether they know it or not.