Law

Internet Governance and the Universal Declaration of Human Rights, Part 4: Article 13-15

This is Part 4 of a series of articles published (here in CircleID) on the UDHR and human rights in the cyberspaces of the Internet Ecosystem. Here we discuss Articles 13-15 and touch on other topics such as the role of cyber governance, empowered digital citizenship, and whistleblowers. At this point in this series of articles on the UDHR in the digital age, it is useful to pause and remind ourselves of the purpose of this analysis.

Why Are Internet Security Standards Badly Deployed and What to Do About It?

In 2019 under the aegis of the Internet Governance Forum, a pilot project was conducted into the causes of and solutions for the, in general, slow deployment of internet security standards. Standards that on mass deployment make the Internet and all its users safer, indiscriminately, immediately... Recently the report 'Setting the standard. For a more Secure and Trustworthy Internet. The Identification of Pressure Points in Society to Speed up Internet Standards Deployment', was published on the IGF website.

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA).

Internet Governance and the Universal Declaration of Human Rights, Part 3: Article 6-12

Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance.

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...

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.

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.

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.

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.

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.