National Court judge Santiago Pedraz ordered to issue an order to telecommunications and Internet access operators authorized to operate in Spain so that within three hours of receipt of the judicial communication proceed to suspend resources associated with Telegram.

In an order, the magistrate consents to this precautionary measure within the framework of a procedure of crime of continued violation intellectual property rights against the owners of different channels created on the social network Telegram.

The president of the Fifth Central Court considers this measure necessary, appropriate and proportionate for which there is no alternative that can stop the repetition of the reported events, since the authorities of the Virgin Islands did not collaborate with the rogatory commission sent for Telegram to communicate certain technical data that would allow the owners to be identified of. accounts used for infringement of intellectual property rights.

About intellectual property

The resolution explains that, for the proper objective of the instruction, it is necessary tocarry out the procedures contained in the letter rogatorysent to the Virgin Islands without any news of compliance with the aforementioned instrument of cooperation, so many investigative procedures would remain ongoing depending on information that would facilitate the execution of the aforementioned international letter rogatory.

The repeated non-compliance with the request addressed to the Virgin Islands on July 28, 2023 highlights: prevents further investigation into the case. In this commission, Telegram was asked to report on certain technical data that would allow the identification of the owners of the accounts used for the violation of the intellectual property rights of the entities represented as a private accusation.

This lack of collaboration on the part of the Virgin Islands authorities, he said, who are only asked for communication activities from those responsible for the social network Telegram, means that the precautionary measures requested by the particular accusations must be adopted. “This repeated commission of the crime against intellectual property rights justifies the adoption of precautionary measures concerned by respect for the principles of necessity, appropriateness and proportionality.

“There is no measure to stop it”

According to him, the precautionary measures requested are the only possible ones given the lack of collaboration from the authorities of the Virgin Islands. ““There is no other type of measure that could prevent a recurrence of the reported events.”he emphasizes.

It adds that the agreed measure is appropriate because its execution could put an end to the reported violation of intellectual property rights by preventing access via the TELEGRAM network to the contents of the aforementioned rights. East “proportional to the severity of the reported behavior and in this analysis concern the necessity of measurement”, he insists.

In his resolution, Pedraz also explains that the measure benefits from the legal support provided for in article 13.2 of the LECRIM, which specifies: “In the investigation of crimes committed via the Internettelephone or any other information or communication technology, the court may agree, as first measures, ex officio or at the request of a party, to precautionary measures consisting of the temporary deletion of illicit content , the temporary interruption of the services offering said content or the temporary blocking of one or the other when they are abroad.”

For all these reasons, it considers that the protective measure concerned is justified because it is necessary to put an end to the infringement noted, it is proportionate and adapted to the aim pursued by the measure since it is not possible to resort to a other type of measurement. action having the same aim and is expressly provided for by law. In his order, the magistrate also agrees the extension of the investigation for six months, Until September 29.

By wbu4c

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