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
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
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
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
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
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
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
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
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
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
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