Law

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.

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.

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.

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.

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.

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well?

Nominet/SOCA Cyber Crime Proposal: Allow Cross Border Reactions

Reading the policy proposal of Nominet, I get the feeling that something is overseen here. Putting all the jurisdictional hassle aside for a moment, cyber crime is international, cross-border. So what happens if a UK domain is used for criminal activity outside the UK only?

The Threat from Within - US v. Fowler, SDFL 2010

The security vendor-phobe at the head of the conference bangs on the podium with his shoe declaring that "The greatest threat comes from within! (buy our product for your network's salvation)." Fear as a marketing strategy can never be underestimated. Particular when the fear is of the misunderstood. Media helps stoke the flames of fear-marketing with stories of fired or disgruntled IT staff who reportedly effectuate their revenge on former employers by bricking systems.

Outlawing Botnets

The European Commission is apparently considering the promulgation and adoption of a directive that would, at least in part, criminalize botnets. As I understand it, the premise behind adopting such a directive is that since botnets are capable of inflicting "harm" on a large scale, we need to separately criminalize them. I decided to examine the need for and utility of such legislation in this post.

New Fear, Uncertainty and Doubt about Canada’s Anti-Spam Bill C-28

From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally.