The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. more
There are many inconvenient truths about radio spectrum sharing and transceiver interoperability that require full ventilation and resolution. Spectrum users want exclusive access and - news flash - they do not like to share! Campaign events, like the Trump Bulter, PA rally, require short notice, forced cooperation between and among federal, state, and local law enforcement officers, as well as a variety of other government agencies. more
I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more
The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more
The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more
On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more
Satellites make it possible for governments to provide essential services, such as national defense, navigation, and weather forecasting. Private ventures use satellites to offer highly desired services that include video program distribution, telecommunications, and Internet access. The Russian launch of a satellite, with nuclear power and the likely ability to disable satellites, underscores how satellites are quite vulnerable to both natural and manmade ruin. more
In the February 13th edition of the Wall Street Journal, Professor Thomas W. Hazlett offers a breathless endorsement of market concentration with the T-Mobile acquisition of Sprint, his go-to example. Apparently, mergers and acquisitions benefit consumers because they enhance competition and generate all sorts of positive outcomes that could not possibly have occurred but for the reduction in the number of industry players. more
Jay Fink had an interesting little business. If you lived in California, you could give him access to your email account; he'd look through the spam folder for spam that appeared to violate the state anti-spam law and give you a spreadsheet and a file of PDFs. You could then sue the spammers, and if you won, you'd give Fink part of the money as his fee. more
This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more
The State of California often leads the country in addressing regulatory issues. This makes sense since the State has a population of nearly 40 million and an economy that would be the fifth largest in the world if California were a separate country. A new law was enacted on the last day of the California Legislature that was signed by Governor Gavin Newson this month. more
Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement." more
On 24-28 July, states convened in New York for the fifth session of the UN First Committee's Open ended Working Group on ICTs (OEWG), which aims to establish a common understanding of - and further develop the framework for - responsible state behaviour in cyberspace. This session marked a critical juncture in the process, with states negotiating the OEWG's annual progress report... more
In 2020 a group of book publishers sued the Internet Archive over their Controlled Digital Lending program, which made PDF scans of books and lent them out from the Archive's website. For books still in copyright, the Archive usually limited the number of copies of a book lent to the number of physical copies of the book they had in storage. Several publishers sued with an argument that can be summarized as "that's not how it works." more
The proposed new European Union (EU) Artificial Intelligence Act has been extolled in the media as a bold action by a major legislative body against the perceived dangers of emerging new computer technology. The action presently consists of an initial proposal for a Regulation with annexes from 2021, plus recent Amendments adopted on 14 June. This regulatory behemoth exists entwined among a multitude of other recent EU major regulations... more
South Korean Telecom Giant KT Corporation Accused of Infecting 600,000 Users with Malware Over Torrent Use
French Court Orders Google, Cloudflare, Cisco to Poison DNS in Anti-Piracy Crackdown
UK Online Safety Act Becomes Law Amid Controversy
Online Safety Bill: UK’s Digital Overhaul
The Hague to Probe Cyberwarfare Under Existing International Law
EU Lawmakers Call for Further Talks to Strengthen Proposed US Data Transfer Pact
Supreme Court Declines to Hear Wikimedia Foundation’s Challenge to NSA Surveillance
51 CEOs Call on US Congress for Urgent Nationwide Data Privacy Law Overriding State-Level LawsA World-Renowned Source for Internet Developments. Serving Since 2002.