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I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more
ICANN has been sent a letter by the European Data Protection Supervisor calling them out with respect to both data collection, retention and privacy within the context of the 2013 Registrar contract (RAA). The letter is the first instance of one, to my knowledge, which makes reference to the ECJ's recent ruling that rendered the data retention directive null and void. more
Well folks, it's that time of year again. It's time for our countdown of the top 10 biggest domain stories for 2013. And while my predictions from last year were accurate, in that we did see a record number of registry and registrar breaches, I had no idea that this year's biggest story would even appear on the list. So with that said, let's get started. more
The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more
Back when I started working in this industry in 2001, ICANN was small, the industry was tight, and things moved slowly as interest groups negotiated a balance amongst the impacts of change. Change often meant added overhead and, at the very least, a one-time cost effort to implement on the commercial side. Registries and registrars preferred to be hands-off when it came to how their domains were being used. But e-crime became big business during the 2000s. more
The endless lawsuit by the Authors Guild (which purports to represent authors, no longer including me), against Google moved another small step toward completion today. The Guild is just sure that Google's book scanning project means that end of civilization as we, or at least they, know it. Their arguments run from the somewhat plausible, that the scans are in violation of copyright, to the just plain goofy, that the scan data is so amazingly valuable yet vulnerable that Google must destroy it before someone steals it. more
A bipartisan Commission recently produced a report titled, "The Report of the Commission on the Theft of American Intellectual Property". Karl Bode from dslreports.com writes... more
With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more
I'm pleased to share my list of top 10 developments of 2012... I'm surprised whenever I read about a new European ruling that's adverse to a Silicon Valley company, because at this point I assume that everything Silicon Valley companies do in Europe is already illegal. Google, Facebook and other Silicon Valley players are under constant legal attack in Europe on countless fronts. Everyone might be happier if the Silicon Valley players just got out of Europe altogether. more
The Copyright Alert System, the result of a deal between big content and big ISPs, is a graduated response program - popularly known as the six strikes - that escalates from nastygrams, to copyright school, to Internet throttling. Just like SOPA/PIPA, enforcement targets will be arbitrarily selected by the content owners, but unlike SOPA/PIPA there will be no appeal via the courts - only to an arbitration firm hired by the program. more
Efforts to take down websites for copyright infringement are likely to move beyond U.S.-based domain name registries, with ICANN promising to more closely cooperate with global law enforcement agencies and governments. During an open session with the Government Advisory Committee (GAC), the ICANN board confirmed that it will enforce its contracts with registrars more effectively in order to meet expectations from governments and law enforcement authorities. more
Federal prosecutors in Virginia have shut down one of the world's largest Internet file-sharing sites, Megaupload.com, charging its founder and others with violating piracy laws, the Associated Press reports today. "The indictment was unsealed Thursday, one day after websites shut down in protest of two congressional proposals [SOPA & PIPA] intended to thwart the online piracy of copyrighted movies and TV programs." more
In a recent op-ed piece in TheHill.COM, some friends and I described the futility of mandated DNS blocking as contemplated by the SOPA (H.R. 3261) and PIPA (S. 968) bills now working their way through the U.S. Congress: No Internet user is required to use the Domain Name servers provided by their ISP. And if millions of American citizens who for whatever reason want to engage in online piracy can no longer do so because Congress has passed this law and their ISP is now filtering the citizen's DNS lookups... more
A group of 83 Internet inventors and prominent engineers sent an open letter today to the members of the United States Congress, stating their opposition to the SOPA and PIPA Internet blacklist bills that are under consideration in the House and Senate respectively. more
The House's Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darrell Issa's proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the problematic provisions of SOPA: a new"anticircumvention" provision more
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