Law

Blogs

ICANN SSAD Proposal Poised to Succeed?

The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more

Who Is Driving Buzz and Engagement With NFTs?

Marketers far and wide have piled onto the non-fungible token (NFT) craze. To some great success and fanfare, NFTs are being used to promote and monetize media, goods, and services in almost every segment. Media, Fashion, Entertainment, Sports, Gaming, Art, Beverage, Consumer Goods, Financial, and even Enterprise Software companies are getting into the mix. This brief review examines why, how, and where marketers are using NFTs, how NFTs are being abused and gives high-level advice to marketers and brand protection professionals. more

.ONEWORLD .SOMEINTERNET: New gTLD Registries and Sanctioned Countries

Imagine that you run an organization out of a building. Imagine that the landlord comes one day and says, "Oh I didn't know you are a resident of country X or dealing with anybody from country X. I have to close this place down right now." And then you are done. You don't have an organization anymore. This very scenario happens on the Internet. more

The EARN IT Act: The Wrong Solution to a Complex Problem

The EARN IT Act was reintroduced into Congress last Monday, with the promise that it would end Internet platforms' "blanket immunity" for "tens of millions of photos and videos" of child sexual abuse that they allow to circulate online. With the bill already scheduled for hearing in committee, it's on track to be passed quickly. And why shouldn't it be, if its sponsors' claims about it are true? Perhaps because they're not true. more

A to Z on Internet Policy and Regulation – Brazil 2022

Time has come again, another year of general elections in Brazil. Some 30,000 candidates are running for Executive and Legislative seats: 1 President, 27 State Governors, 27 Federal Senators, 513 Federal Deputies, 1059 State Deputies, 24 District Deputies to govern 212+ million people and one of the largest economies in the world. For a few lucky industries, success and failure do not correlate with who is in power; for others, policy and regulation are everyday business. more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more

ICANN’s Accountability Mechanisms – in Name Only?

On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more

Watch the Online Events Series on “Digital Citizenship and Bill of Rights”

DataPrivacyBR and the Internet Integrity Task Force, IITF, in collaboration with CircleID and IGF recently held 2 online events focusing on digital citizenship, governance, and a digital bill of rights and responsibilities. A diverse group of high-level presenters and speakers spanning all stakeholder groups, addressed questions such as: What are the foundational principles that define and protect the rights and responsibilities of digital citizenship? Do existing internet governance models take digital rights sufficiently into account? Are there alternatives to business models that are based on digital exploitation and servitude? Why do we need a digital Bill of Rights and Responsibilities and how can it be created? more

We Must Keep Track of How Countries Will Confront Cybercrime in a New UN Convention

As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more

Initiative for the Future of the Global Internet

When reading some of the nonsense constituting this initiative occurring in Washington, one wonders what planet the proponents live on. It is like peering through some perverse wormhole back to a 1990s Washington view of the world that saw “the internet” as some salvation for all the problems of humankind. For a world now focused on rolling out 5G virtualization infrastructure and content-based services and meshed devices, the challenges of cybersecurity and network-based harm to society, the initiative makes the U.S. Administration seem utterly out of touch with reality. Simply goofy. more

Content Blocking at the DNS Level in Germany

For those who follow the issue of blocking illegal content from the Internet, there is an interesting development in relation to this issue here in Germany, and I will tell you a little about it. One way to make it difficult to access illegal content is to block it directly in the DNS. But what is DNS for? Basically, it serves to translate the domain name into the IP of the server that is hosting the content. By blocking directly at the DNS level, a query to a domain will no longer bring the server's IP number, and with that, the user no longer accesses that content. more

Searching for the Meaning of “Registers” in the Anticybersquatting Consumer Protection Act (ACPA)

Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the keywords in the Anticybersquatting Consumer Protection Act (ACPA), is still in the process of definition. Its statutory context provides that a domain name registrant is liable to the owner of a mark if “it has a bad faith intent to profit from that mark … and (ii) registers, traffics in, or uses a domain name [corresponding to a mark] that … is distinctive at the time of registration of the domain name [and] is identical or confusingly similar to that mark. more

Regulating Magic: Why We Need to Establish a Regulatory Framework for Quantum Computing and Artificial Intelligence

The promises of quantum computing, artificial intelligence, and other advancing technologies sound like magic. However, even magic is subject to the laws of economics. And even quantum computers are “legal things…technological tools that are bound to affect our lives in a tangible manner,” as Valentin Jeutner explains in The Quantum Imperative: Addressing the Legal Dimension of Quantum Computers. Analogous to Asimov’s Three Laws of Robotics, Professor Jeutner proposes a three-part “quantum imperative,” which “provides that regulators and developers must ensure that the development of quantum computers. more

News Briefs

The Government of Niue Launches Proceedings With ICANN to Reclaim Its .nu Top-Level Domain

New Digital Services Act Should Not Disrupt Internet’s Technical Operations, Warn RIPE NCC, CENTR

Russia Bans Sale of Smartphones, Computers and Other Devices Not Pre-Installed With Russian Software

China to Require Face Scan for Internet Access and New Phone Numbers Starting December

US Court Upholds FCC’s Net Neutrality Repeal But Says States Can’t Be Barred from Passing Own Rules

51 CEOs Call on US Congress for Urgent Nationwide Data Privacy Law Overriding State-Level Laws

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China’s .cn

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

EU Court of Justice Ruling Could Result in Cutting Off Data Flows to US

Huawei Files Motion in US Federal Court Calling Ban Unconstitutional, an Assault on Human Rights

Qualcomm’s Licensing Practices Are Illegal, U.S. Judge Rules

Microsoft Sees Serious Appetite for Revised Privacy Laws in US, Says It’s Time to Match EU’s GDPR

US Federal Trade Commission Says It Lacks Resources to Go After Privacy Violations Effectively

No GDPR Action Against Any Big Tech Firms Since Law Imposed Last Year, Doubts Escalate Over Enforcer

UK Government Planning on New Laws for IoT Devices Including a Mandatory Security Labelling Scheme

Canada Says Facebook Has Refused to Address Serious Privacy Deficiencies Concerning Its Local Laws

US House of Representatives Pass a Bill to Restore Net Neutrality Rules Repealed by Trump’s FCC

Thailand Passes Law Giving Sweeping Powers to State Cyber Agencies

Canada Considering Right to Repair Legislation Tackling Repair Monopoly Over Brand-Name Devices

Government Officials, Academia, and Advocacy Groups Say Time for US to Get Its Own GDPR

Most Viewed

Most Commented

Industry Updates

Participants – Random Selection