National Court Judge Santiago Pedraz has ordered an order to be issued to telecommunications and Internet access operators with a license to operate in Spain i.e. within three hours of receiving the court notice Proceed to blocking the resources connected to Telegram.
The magistrate approves this security measure as part of a procedure for a Offense of continued injury of intellectual property rights against the owners of various channels created on the Telegram social network.
The head of the five-central court considers this measure as necessary, appropriate and proportionate For these, there is no alternative that can prevent the recurrence of the reported events, since the authorities of the Virgin Islands have not cooperated with the Legal Aid Commission, which has mandated Telegram to report certain technical data that would allow the identification of the owners of accounts belonging to to violate intellectual property rights.
About intellectual property
The resolution explains that this is necessary for the actual purpose of the instructioncarry out the procedures contained in the Legal Aid CommissionPosted to the Virgin Islands without any notification of compliance with the above-mentioned cooperation instrument, so that numerous investigations would remain pending, depending on the information that would facilitate the implementation of the above-mentioned International Legal Assistance Commission.
The repeated failure to heed the request made to the Virgin Islands on July 28, 2023 indicates prevents the investigation of the case from continuing. In this order, Telegram was asked to report certain technical data that would allow the identification of the owners of the accounts used to infringe the intellectual property rights of the companies presented as private allegations.
This lack of cooperation from the Virgin Islands authorities, who are simply asked by those responsible for the Telegram social network to communicate, means that the precautionary measures required by the individual allegations must be taken. “This repeated commission of the crime against intellectual property rights justifies the adoption of the precautionary measures in question by respecting the principles of necessity, appropriateness and proportionality.
“There is no measure to stop it”
In his opinion, the precautionary measures required are the only possible ones given the lack of cooperation from the Virgin Islands authorities. ““There is no other measure that can prevent the reported events from occurring again.”he emphasizes.
It adds that the agreed measure is appropriate since its implementation could put an end to the reported infringement of intellectual property rights by preventing access to the content of the above rights via the TELEGRAM network. Is “Relation to the severity of the reported behavior and in this analysis we refer to the necessity of the measure,” he emphasizes.
In his resolution, Pedraz also explains that the measure has legal support provided for in Article 13.2 of the LECRIM, which states: “When solving crimes committed over the InternetTelephone or any other information or communication technology, the court may, as a first step, of its own motion or at the request of a party, agree on security measures consisting in the temporary removal of illegal content, the temporary interruption of services that offer this content or the temporary blocking some or others when they are abroad.”
For all these reasons, it considers that the precautionary measure in question is justified as it is necessary to put an end to the reported infringement, is proportionate and appropriate to the purpose pursued by the measure, since it is not possible to resort to any other type of measure to resort to act with the same purpose and is expressly provided for by law. The magistrate also agrees with his order the extension of the investigation by six months, Until September 29th.
