Featured Blogs

Google Can, at Least for Now, Disregard Canadian Court Order Requiring Deindexing Worldwide

U.S. federal court issues preliminary injunction, holding that enforcement of Canadian order requiring Google to remove search results would run afoul of the Communications Decency Act... Canadian company Equustek prevailed in litigation in Canada against rival Datalink on claims relating to trade secret misappropriation and unfair competition. After the litigation, Equustek asked Google to remove Datalink search results worldwide. Google initially refused altogether... more

A Template for Adequacy: EU Pitches for Data Protection Gold Standard

Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission. more

Canadian Report Tells ISPs to Deal with Hate Sites

A report calling for reforms to Canada's Human Rights Commission is calling for Internet Service Providers (ISPs) to form their own monitoring body to more speedily deal with hate material hosted on their servers. The report calls for the Human Rights Act to be amended to remove provisions that have the government body censor hate speech, while at the same time calling for ISPs to invoke their terms of service to knock down hate websites. more

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

Healthy Domains Revisited: The Pharmaceutical Industry

Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices. more

What to Say About the Treaty on the ITRs: Crib Notes

Look past the panic over December's World Conference on International Telecommunications (WCIT); it's unlikely to be a catastrophe for several practical reasons: (1) the negotiation lasts ten days, so there is not enough time for 193 countries to agree on how to phrase catastrophe (2) large multilateral events tend to converge, like so many voters, on the centre, and (3) the putative chairman of the event is a seasoned grown-up, and will not allow the treaty to break the global information grid. more

Over the Top Services at the ITU PP-2018: Considering the Pittsburgh Massacre

This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more

Scaremongering from Spy Agents

In an article for the Financial Times, Mr Hannigan -- the chief of the British spy agency GCHQ said: "I understand why they [US technology companies] have an uneasy relationship with governments. They aspire to be neutral conduits of data and to sit outside or above politics." "But increasingly their services not only host the material of violent extremism or child exploitation, but are the routes for the facilitation of crime and terrorism."... more

Broken Policies

As an email policy wonk, I think a lot about how specific policy implementations can go wrong. Sure, every policy can go wrong, or not fit a common case. A lot of people only write polices that address common cases and don't worry about the rarer cases. The problem is there are some rare cases that may cause significant harm and those cases should be addressed. Consumerist has a case up about email policy gone wrong with a clear path to harm but no policy for handling the issue. There are a couple places I see where this policy hole can be fixed. more

Bridging the Gaps: MAAWG, IETF, and BITS Establish Formal Relationships

As announced this morning, the Messaging Anti-Abuse Working Group (MAAWG) has established formal relationships with the Internet Engineering Task Force (IETF) and the BITS/Financial Services Roundtable... It's often said that there are too many different organizations working on the overlapping areas of abuse, trust, and related issues. I believe the collaborative approach MAAWG has chosen will bridge these gaps. more

Is Cable Broadband Equal to Fiber?

As I have blogged over the years, I have to give kudos to the folks at the big ISPs who have steadily provided controversial quotes that are worth writing about. The latest comes in an article by Linda Hardest at FierceTelecom. She quotes Charter's CEO Tom Rutledge talking about comparing cable broadband to fiber. She quotes Rutledge as saying... more

Transparency Meets Sustainability: Announcing the SDIA Open Data Hub

Last month, the Sustainable Digital Infrastructure Alliance (SDIA) announced our Open Data Hub, a resource that's meant to boost transparency, trust, and data availability to help researchers, industry, and society realize a sustainable digital economy. It is essentially our answer to the challenge recognized across the sector: that the lack of reliable data is one of the most foundational issues we face in creating a sustainable ICT ecosystem. more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Cutting Through the Twitter DDoS Hype

There are a lot of theories flying around about why Twitter and other social media services got knocked offline yesterday. I've heard rumors about it being linked to political tension between Georgia and Russia. Others blame Iran for the outages. I'm not a political commentator, therefore I cannot comment on anyone's political views -- but I have some logic and common sense, and I can draw some objective conclusions. more

Patterns and Trends in Domain Tasting of the Top 10 Global Brands

Domain tasting is a long-established practice involving the short-lived existence of a domain, which is allowed to lapse a few days after its initial registration. The practice arose in response to an Internet Corporation for Assigned Names and Numbers (ICANN) policy allowing a domain to be cancelled -- with all fees refunded -- within a five-day grace period, intended to address the issue of accidental registrations1. However, the practice is open to abuse by infringers. more