Law

Law / Featured Blogs

Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn't tamped down the hyperbole that's fueled the fight to control the Internet's constituent parts for all these years. more

Email and Law in the News

A couple things related to the intersection of email and law happened recently. The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. more

ICANN’s San Francisco Meeting

I was sitting around on a Sunday afternoon catching up with a backlog of work watching the Philadelphia Eagles beat the New York Giants in an unbelievable comeback, when I visited the ICANN website and noticed the new logo for the upcoming 40th ICANN regional. ...I personally thought the original choice of the San Francisco logo looked confusingly similar to Cisco's registered trademark. more

Wikileaks DDoS of Spamhaus: Political Activism at Its Dumbest

A week ago, Paul Vixie wrote a thoughtful piece on the morality of DDos, for both sides of the equation of the Wikileaks issues. In it he summarizes things nicely: "Denial of service is not merely a peaceful protest meant to garner attention for a cause. Denial of service is forcible and it is injurious. It is not like any form of civil disobedience, but rather it is criminal behaviour more like looting." Well said, Paul... more

Canada’s Anti-spam Bill C-28 is the Law of the Land

It's been a long time coming, but Canada has an anti-spam law, and one, which sets a new world standard, and a tough, but fair, opt-in protocol for everyone in North America who sends commercial email and other electronic messages. Yesterday, The Canadian Senate voted to accept Bill C-28, and today, December 15, at 13:00 eastern, it will be given Royal Asset of the Governor General of Canada, His Excellency the Right Honourable David Johnston. more

Internet Governance: Leading by Example

On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. more

Open Internet and Democratic Principles Under Attack

It is somewhat ironic that, several years ago now, Rupert Murdoch (while hinting at China) said something along the lines of the new media constituting a threat to totalitarian regimes, and that these regimes would have to open up and democratise. At that time the entire the western world, led by America (perhaps quietly), applauded his statement. ... However, now that those western leaders are being confronted with exactly the same issues, and are seeing for themselves the enormous democratic benefits of the Internet, they are behaving in a most authoritarian way. more

No Free Lunch in Internet Peering or Transit

Like many of you, I am keenly following the Comcast-Level 3 dispute and am trying to make sense of it all. The dispute confirms several universal principles about Internet traffic routing that have passed the test of time. ... Consumers pay Internet Service Providers ("ISPs") a monthly subscription with the expectation that the fee covers access to available content, i.e., the conduit. As the World Wide Web evolves and content options diversify to include full motion video, consumers simply expect their ISPs to make sure the download distribution pipes are sufficiently robust to handle high bandwidth requirements and commensurately large monthly download volume. more

Cyber Crime: It’s All About Data (Part 2)

In this part I want to focus on the gathering of cyber crime data. Are there best practices in the world on how cyber crime data is reported to law enforcement and aggregated to show the impact of said crime? Previously the discussion focused on the fact that cyber crime = crime and on a basic cyber (crime) training for every police officer. From the reactions this received, it is clear that some people see this as a possible solution. more

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark. more