Law

State Hacking: Do’s and Don’ts, Pros and Cons

Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I perfectly understand the frustration of enforcement agencies of having to find actionable data and evidence that gets criminals convicted in a borderless, amorphous environment, a line seems to be crossed with this idea presented to Dutch parliament. Where are we?

Looking Ahead - UDRP Bad Faith Analysis and New gTLDs

The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA).

Compliance Overhaul a Start

ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large Advisory Committee (ALAC) and Regional Leadership Meetings. It seems very ambitious and they will need to be because our year-long research, publicly distributed here for the first time, shows a complete breakdown in ICANN's Compliance functions on every level possible.

The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry

Sen. Amy Klobuchar has introduced a new bill, the "Cloud Computing Act of 2012" (S.3569), that purports to "improve the enforcement of criminal and civil law with respect to cloud computing." Given its introduction so close to the election, it's doubtful this bill will go anywhere. Still, it provides an excellent case study of how even well-meaning legislators can botch Internet regulation.

The ‘Domain Rights Dozen’ - ICA’s RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce.

The Internet and the Legitimacy of Governments

In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look.

A Copycat Canadian Privacy Suit Against Gmail

In July, several people filed attempted class action suits against Google, on the peculiar theory that Gmail was spying on its own users' mail. One of the suits was in Federal court, the other two in California state court, but the complaints were nearly identical so we assume that they're coordinated.Now we have a similar suit filed in provincial court in British Columbia, Canada.

No Virginia, You Have No Duty to Secure Your WiFi Access Point

Every now and again a report flies across the network about the police breaking down someone's door and attempting to arrest the home owner for bad things online - assuming that whatever happened from that person's Internet connection is their fault. Now there are lots of problems with this - lots of problems. But one of the big ones is that anyone can access an open access point...

Understanding the Brazilian Court Decision to Arrest Google’s Representative

Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content. A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated, specially those at the EFF website.

Report On National Online Cybercrime and Online Threats Reporting Centres

Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation.