Featured Blogs

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

Registrars That Complied With “Shakedown” Requests May Now Be in Violation of ICANN Transfers Policy

At the time we posted 'Whatever Happened To Due Process,' we were unaware that we were just one of many registrars receiving these notices from the London (UK) Police. We have since been made aware that this was part of a larger initiative against the BitTorrent space as a whole, and that most if not all of the other registrars in receipt of the same email as us folded rather quickly and acquiesced to the shakedown orders. more

Is There Really a Mobile Malware Pandemic?

Much of the discussion regarding mobile security revolves around the growing "pandemic" of mobile malware. It's not uncommon to see headlines reporting the discovery of large numbers of new malware samples. However, as Google recently pointed out, with quite a bit of data to support them, there's little discussion of real world impact of these discoveries. This raises a number of relevant questions. Is the average user likely to be infected? Where does this malware come from? These are questions that deserve analysis and thoughtful responses. more

Canadian Government Quietly Pursuing New ISP Code of Conduct

If approved, the code would technically be voluntary for Canadian ISPs, but the active involvement of government officials suggests that most large providers would feel pressured to participate. The move toward an ISP code of conduct would likely form part of a two-pronged strategy to combat malicious software that can lead to cybercrime, identity theft, and other harms. First, the long-delayed anti-spam legislation features new disclosure requirements for the installation of software along with tough penalties for non-compliance. more

How the NSA is Threatening the Future of Google, Facebook, Amazon and Others

When I read government arguments in defense of the NSA, an oft-repeated line was: We're not targeting Americans. We're targeting foreigners. Foreigners. I really dislike that word. And I'm sure companies like Apple, Google and Facebook do as well. Why? more

Where Are the World’s Most Popular Websites Hosted?

As I do every day, I was perusing Twitter and came across a link for a Business Insider piece on the world's most popular websites by country. Two researchers used web traffic data from Alexa to visually display each country's most visited website. It's an interesting read... But I couldn't help but wonder what the most popular website based in each country was. So, I put the Dyn research team to work and they came up with a comprehensive list. more

Speaking up for the Internet

For most of this year governments from outside the G8 have not wavered from their essential themes on the Internet: they regard it as a shared resource that works in part as a result of their own investment in infrastructure, they want to be included in its governance through a decision-making process that is transparent, accessible and, in broad character, multilateral, and they want to be able to trust it and know that as much as it is a tool of growth for others, it can also be for them. more

Filtering the Internet Is Still a Bad Idea: DCA, ABC, and Steroid Searches

A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted. more

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

Domain Name Registrar Allows Completely Blank WHOIS

In a very casual and low-key footnote over the weekend, ICANN announced it would be further bypassing the Affirmation of Commitments and ignoring the WHOIS Review Team Report. There will be no enhanced validation or verification of WHOIS because unidentified people citing unknown statistics have said it would be too expensive... As a topic which has burned untold hours of community debate and development, the vague minimalist statement dismisses every ounce of work put in by stakeholders. more

ICANN’s Strong Rebuke to Verisign’s Chuck Gomes

Word to the wise: Fadi Chehadé's ICANN isn't going to take criticism lying down! In the past, the organisation has tended to react to criticism with a silence that was probably considered a way to avoid aggravating critics any further, but instead tended to infuriate people that were expecting answers. No longer. Since Chehadé came in as CEO, they get answers! more

VDSL Cabinet Consideration for FttN Roll Outs

Australia will be an interesting test market for VDSL. With a new government and the broadband infrastructure company NBN Co basically in agreement, it is most likely that VDSL will be used to bring for example fast broadband to multi-dwelling units (MDUs). It was mainly for political reasons that the previous government stopped NBN Co deploying the VDSL technology in MDUs for this purpose. Whether or not any more VDSL will be deployed beyond that will largely depend on the NBN Co review of its current plan.  more

ICANN Board Selects 2014 Nominating Committee Leadership Team

The ICANN Board has just announced its selections for the next Nominating Committee's leadership. As a reminder, the Nominating Committee (NomCom) is designed to ensure skilled individuals go into key ICANN leadership position. Every year, its recruitment and selection process leads to appointments for positions on the GNSO (Generic Names Supporting Organisation - ICANN's policy-making body for generic domains), the ccNSO (country code Names Supporting Organisation) and ALAC (At Large Advisory Committee). more

NJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in Washington and Tennesse)

Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its service, ran family-friendly chat rooms that it moderated in an effort to keep kids protected from unfortunate content. In a different Prodigy chat room, some unknown third party said something apparently bad about an investment firm Stratton-Oakmont. Stratton-Oakmont didn't like that very much, and sued. more

Looking Internally for the Success of Your TLD Strategy

Last week, I had the privilege of presenting at the Digital Marketing & gTLD Strategy Congress in London on how to create a TLD strategy and activate your path to market for launch. Some of the best and brightest minds in the industry attended and it was encouraging to hear from major brands such as Phillips, Microsoft, Google and KPMG, as well as a variety of other applicants. While in my previous blog I discussed why a .brand TLD strategy is important, let's now delve deeper into engagement strategies and why this is the key to a successful .brand. more