Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more
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
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
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
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
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
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
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
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
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
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
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
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
New Cuban regulations regarding private WiFi networks went into effect yesterday, and the New York Times and others proclaimed that "Cuba expands Internet access to private homes and businesses." Yes, Cubans can legally import and install WiFi routers in their homes, small cafes, B&Bs, etc., but these regulations will make little difference in Internet access. more
This year, I joined the crowd in Las Vegas for the all-important event that kicks off everything tech for the year - the 2013 International CES. It's a week where geeks and geek-wannabes from around the world seek inspiration and recharge their creative juices. Consumer brands of all types came out in full force, even with the noticeable absence of Apple and Microsoft's presence. More than 150,000 attendees made the trek to what became a technology mecca for the week... But why should MSOs care about a "consumer" electronics show? more
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