Law

Unfamiliarity and Unpreparedness in Proceedings Under the UDRP

There is a difference, of course, between asserting a claim that cannot possibly succeed in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and being unprepared to prove a claim that may have merit with the right evidence. Still, there is also an overlapping similarity in that complainants are either shockingly unfamiliar with UDRP procedures and jurisprudence... more

The Digital Decade – A Look Back

With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more

Encryption, Our Last Line of Defense

Encryption is fundamental to our daily life. Practically everything we do online makes use of encryption is some form. Access to our financial transactions, health records, government services, and exchanged private messages are all protected by strong encryption. Encryption is the process of changing the information in such a way as to make it unreadable by anyone except for those possessing special knowledge (usually referred to as a "key"), which allows them to change the information back to its original, readable form. more

Challenging Domain Names for Abusive Registration: UDRP and ACPA

There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more

Lessons From an E-Voting Debacle

There has been a significant focus over the past two years on the vulnerability and cyber threat risks faced for voting systems at the local level. That focus has typically been on State and local jurisdictions like cities, counties and towns, and resulted in the creation of the DHS Elections Infrastructure Information Sharing and Analysis Center (ISAC) to assist. However, there are other local governance entities at significant risk as well. more

Domain Enforcement in a Post-GDPR World

The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more

Dead Ends: The Achievement of Consensus in UDRP Jurisprudence

Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more

Internet Consolidation at EuroDIG 2019: Questions in Need of Answers

At EuroDIG 2019 a workshop was organised around the topic of consolidation on the Internet. It was organised around four angles: technique, competition, society and human rights and; future research. One thing became extremely clear: no one contested that consolidation is taking place nor that this already has and will have an impact on the Internet and consecutively on society. more

What is a Security Mechanism?

Orin Kerr recently blogged about a 9th Circuit decision that held that scraping a public web site (probably) doesn't violate the Computer Fraud and Abuse Act (CFAA)... On its surface, it makes sense – you can't steal something that's public – but I think the simplicity of the rule is hiding some profound questions. One, I believe, can most easily be expressed as "what is the cost of the 'attack'"? That is, how much effort must someone expend to get the data? Does that matter? Should it? more

IGF Best Practice Forums, an Opportunity to Bring Your Experience to the Policy Debate

In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more