Law

Open Systems Lead to ‘Economies of Scope’

The 'economies of scope' is an appealing concept implying that if we share knowledge in an open way we can create new, healthy economies that do not just depend on 'scale'. As we have seen, over the last decade in particular, some of the companies that are trying to achieve exponential growth can endanger the economy and society in general - the global financial crisis surrounding the large financial institutions, the scandals around News Corp, the political lobbying (bullying) by the super rich and the destruction of the environment by some developers.

The Empire Fights Back!

Even as we increasingly discover that every facet of our modern lives now revolve around, and are dependent on the Internet, for which reason its availability, functionality, safety, stability and security are now of great and continuing concern to all of us. These issues have a profound impact on its overall governance. To most of us, during the past three decades, the Internet has always been available, stable, affordable and open; and it should continue this way even as it is controlled and administered in a secure manner...

Review Your Email Forwarding Practices

As unusual as it may be for a lawyer to speak at a IETF meeting, Ian Walden gave a lecture on Data Protection Directives and updates thereof. He said they affect some 90 jurisdictions. A difference between email addresses and cookies - the latter are the main subject of the January 2012 update of the directives - is that after more than a decade of enforcement, specific browser extensions may allow users to browse what cookies they have, while no record states whom they conferred their email addresses to.

DNS Changer

One fine night in November 2011 I got an opportunity to get my hands dirty, working on a project for the United States Federal Bureau of Investigation (FBI). They were planning to seize a bunch of computing assets in New York City that were being used as part of a criminal empire that we called "DNS Changer" since that was the name of the software this gang used to infect a half million or so computers.

Achieving a Cyber-Reliant Infrastructure

Don't worry about the bad guys turning out the lights. Worry about everything they're stealing while the lights are still on. The theft of intellectual property ranging from Hollywood films to defense secrets is underway by cyber-criminals of various stripes. Maintaining control over intellectual property may be the single most important challenge to American economic security. Implementing a cyber-reliant infrastructure is a national challenge which crosses the traditional boundaries between economic sectors and between public and private domains.

The Case for Trademark Protection for Top Level Domains

The United States Patent and Trademark Office currently does not provide Trademark protection services for the Top Level Domain industry, an industry which generates almost $1 Billion in revenues annually in the United States. The Top Level Domain industry is the only legal business class in the United States that is denied constitutionally guaranteed intellectual property protections... The lack of Trademark Protection for the Top Level Domain industry has greatly increased the amount of uncertainty associated with the ICANN Application Process for new Top Level Domains.

News International Caught Deleting Email Evidence

Knowing how long to store your company email can be confusing. For some industries and public companies there are laws dictating how long emails should be kept, but for other companies it is more discretionary. A document retention policy can help with this. Deciding which emails to keep and for how long - and then most importantly, sticking to your policy - will be looked on more favourably should you find yourself justifying missing email evidence to a judge.

All Quiet on the Virtual Front: Why Domain Investors’ Fear of the Feds is Irrational

When a sniper ends the life of soldier Paul Bäumer in Remarque's "All Quiet on the Western Front," a laconic situation report from the frontlines recounts an unusually quiet day. In the grand scheme of things, nothing worth reporting has happened. Reading David Kravets' recent article in Wired brought this upsetting ending to mind. U.S. authorities taking down individual domains based on copyright infringement charges is the online equivalent of Remarque's allied snipers: picking off the occasional domain - for better or worse - has little effect on the overall situation.

De Facto Rules a Boon to Rogue Players

In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been documented in an explosive undercover expose by LegitScript that Internet.BS address as stated could not be verified, could not accept mail, and that the business itself could not actually be found in the Bahamas.

ICANN’s Contract Not Enforceable on WHOIS Accuracy

This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist.