Two sets of authors sued Anthropic and Meta in San Francisco for copyright infringement, arguing that the companies had pirated their works to train their LLMs. Everyone agreed that a key question was whether fair use allowed it, and in both cases, the courts looked at the fair use issue before dealing with other aspects of the cases. Even though the facts in both cases were very similar, last week, two judges in the same court wrote opinions, coming to very different conclusions. How can that happen? Is fair use broken? more
A couple of days ago there was a lot of interest in how terrorists may have been using chat features of popular video console platforms (e.g. PS4, XBox One) to secretly communicate and plan their attacks. Several journalists on tight deadlines reached out to me for insight in to threat. Here are some technical snippets on the topic that may be useful for future reference. more
On many occasions I have written about the dangers of electronic communications in relation to data retention laws, government e-spying and other activities undermining our democracy and our liberty. To date governments still have to come up with evidence that all of this spying on their citizens has prevented any terrorist attacks. Terrorism has been given as the key reason for the government's spying. more
Decentralization is a big trend in IT, and everyone has their own definition of what "decentralization" really means. With more organizations fully embracing a work-from-anywhere culture, decentralization has moved past being a fad and turned into a necessity. Decentralized cybersecurity is nothing new. Many of us have been doing it since before the pandemic. more
Measuring the performance of broadband networks is an important area of research, and efforts to characterize the performance of these networks continues to evolve. Measurement efforts to date have largely relied on inhome devices and are primarily designed to characterize access network performance. Yet, a user's experience also relies on factors that lie upstream of ISP access networks, which is why measuring interconnection is so important. more
Launching a social network based on a single domain name extension is seriously innovative, but such a concept also implies to give Trademarks a chance to protect themselves. I recently interviewed Cyril Fremont, the new operator of the .BEST Registry and also CEO of "THE.BEST Social Network" on his plan to allow Trademarks to protect their assets prior to the launching of the review network. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) limits parties' submissions to complaints and responses; accepting "further statements or documents" is discretionary with the Panel (Rule 12, Procedural Orders), although the Forum (in Supplemental Rule 7) but not WIPO provides for supplementing the record with the proviso that "[a]dditional submissions must not amend the Complaint or Response." For some panelists, Rule 7 contradicts the Policy. more
With the prospect of broadband networks becoming more and more of a reality, it appears that concepts such as eHealth are not too far away. Digital healthcare describes the whole system of GPs, hospitals and regional healthcare centres, while eHealth describes the many health applications which will become available for people to use at home. more
In our globalized economy, it is vital that we do establish levels of fair trade, and the USA is right in addressing that issue. However, making technology a key element of the trade war will backfire. Let's take (again) the Huawei issue as an example. The company has admitted that the US boycott is hitting them severely with an estimated loss of $30 billion in revenues. One of the other elements of the trade boycott is that Google is no longer allowed to provide... more
When a tax is too high people avoid it, and when the political cost of supporting the US government becomes too high, foreign governments will avoid it too. Add to that cost America's new inclination to withdrawal, and consider the muddy tidal flat on which could soon list the hull of what used to be American technological primacy... When countries try to develop technology policies to compete with the United States, they often begin with rules over immigration. more
Three months after implementation of the European Union's (EU) General Data Protection Regulation (GDPR), the World Intellectual Property Organization's (WIPO) Arbitration and Mediation Center has expanded and updated its already helpful web page with important questions and answers about how the GDPR is impacting the Uniform Domain Name Dispute Resolution Policy (UDRP). more
New gTLD Applicants now have a more fair and reasonable ICANN auction framework. A collaborative negotiation between the New TLD Applicant Group (NTAG) Auctions Working Group and ICANN Staff resulted in changes that improve the auction rules and bidder agreement. The indemnification and waivers in the agreement are now aligned with breaches that applicants can control. Applicants also now have an indemnification from Power Auction for third party claims related to IP infringement. more
Contrary to what some financial analysts would have us believe, it is highly unlikely that the price increases for mobile broadband services which were recently announced by AT&T will be replicated by other mobile operators around the world. The mobile market in the US is one of the least regulated and therefore one the most monopolised markets in the western world. more
There has been a significant focus over the past two years on the vulnerability and cyber threat risks faced for voting systems at the local level. That focus has typically been on State and local jurisdictions like cities, counties and towns, and resulted in the creation of the DHS Elections Infrastructure Information Sharing and Analysis Center (ISAC) to assist. However, there are other local governance entities at significant risk as well. more
In my last post, I looked at what happens when a DNS query renders a "negative" response -- i.e., when a domain name doesn't exist. I then examined two cryptographic approaches to handling negative responses: NSEC and NSEC3. In this post, I will examine a third approach, NSEC5, and a related concept that protects client information, tokenized queries. The concepts I discuss below are topics we've studied in our long-term research program as we evaluate new technologies. more
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