Law

Law / Featured Blogs

Facebook Stays, Everybody’s Happy, but Nothing Has Changed

After some turmoil, Facebook won the war with the Australian Government as the necessary changes were made to the legislation that avoided them needing to change their business model. Those subtleties are lost in the general press. What counts for the popular media is that they were able to spin some great stories around the fact that Australia stood up to the giants. That brought international attention, which boosted the ego of Australian Prime Minister Scott Morrison.

Cybersecurity Tech Accord: 98% of Registrar Whois Requests Unrequited

When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action.

Emergence, Rise and Fall of Surveillance Capitalism, Part 2: Rise and Fall

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it.

EU Rulings on Geo-Blocking in Digital Storefronts Will Increase Piracy Rates in the Developing World

For the longest time, it was an insurmountable challenge for those in the developing world to be able to afford to legally consume multimedia products. Prices originally set in Dollars, Euros or Yen often received insufficient adjustments to compensate for lower incomes, something that was compounded by local import or manufacture taxes that did little to alleviate matters.

The Netizen’s Guide to Reboot the Root (Part II)

The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall...

Freedom of Expression Part 5: COVID Vaccines not Mandatory

In Part 4 of the Freedom of Expression series, I had highlighted my concerns about the lack of transparency in ingredients of all the COVID-19 vaccines, which has been addressed by Council of Europe's Parliamentary Assembly, the same day (World Holocaust Day) I had raised these concerns. A recent Resolution by the Parliamentary Assembly of the Council of Europe will see the further regulation of social media on content relating to COVID-19.

Emergence, Rise and Fall of Surveillance Capitalism, Part 1: Emergence

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it.

Freedom of Expression Part 4: Censorship, COVID-19, the Media and Assault on Freedom of Expression

As I write this, it is World Holocaust Day, 27th January 2021, a memorial of the atrocious events that shocked and outraged the conscience of humanity and gave birth to the Universal Declaration of Human Rights in 1948, the year that Holocaust victims majority of whom were Jews re-established the nation of Israel. Most of us can never begin to imagine the extent of the atrocities but relive the experiences through movies or documentaries, including but not limited to Spielberg's 1993 Schindler's List...

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest.

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish.