Law

Rape in the DNS

It took three years for ICANN to issue a breach notice to BizCn over the invalid WHOIS record behind RAPETUBE[DOT]ORG. Throughout the history of this absurd case ICANN staff would repeatedly insist the record had been validated and the registrar was compliant, regardless of extensive evidence proving otherwise. Despite a letter sent to ICANN's CEO and an investigation by the Washington Post, the Rape Tube stayed online. more

Internet Governance: Why Africa Should Take the Lead

Recently during an afternoon meeting with a friend of mine, Bob Ochieng, who happens to work for ICANN (Internet Corporation for Assigned Names and Numbers) Africa Operations, he lamented that at online Internet Governance discussions fora such as CircleID, and 1net.org, there is no serious frequent engagements from African Voices. This got me thinking and I realized that most African Internet Stakeholders would rather use a "wait and see approach" in matters as critical as Internet Governance. more

Mass Surveillance: A Turning Point in Internet History

So far, the debate on mass surveillance has dwelt on the immense resources made available to the agencies (NSA in the US, GCHQ in the UK), on the technological advantage that enables them to access any data and bypass encryption, and on the lack of proper oversight in those two countries. But in order to make their voices heard by their elected representatives, Internet users around the world need to have an even more complete view of the emerging reality. more

To Tax or Not to Tax

Well it is not new that the US has always maintained that the Internet should be a tax free zone as per the US Congress's Tax Freedom Act 1998 which following expiry continued to be reauthorized and its most recent re-authorization (legal speak for extension) was in October 2007 where this has been extended till 2014. It is unclear whether there will be another extension post 2014. There is a moratorium on new taxes on e-commerce, and the taxing of internet access via the Tax Freedom Act. more

IANA Checkmate - Fool Me Once, Shame on You, Fool Me Twice Shame on Me

In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more

Automated Theft of Intellectual Property

A few days ago I wrote about a piece of my intellectual property, an article I wrote and posted on DaileyMuse.com, being stolen, plagiarized, and posted on another web site under a different authors name. I hadn't been looking for my work elsewhere, I was simply browsing the access logs and visiting other websites that stood out. As a result of finding my work posted elsewhere without my permission, I contacted the owner of the website by email and provided 24 hours to remove the content before I pursued legal action. more

Experts Urge Congress to Reject DNS Filtering from PROTECT IP Act, Serious Technical Concerns Raised

A group of leading DNS experts have released a paper detailing serious concerns over the proposed DNS filtering requirements included as part of the bill recently introduced in the U.S. Senate named Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 ("PROTECT IP Act"). The group who is urging lawmakers to reconsider enacting such a mandate into law, includes leading DNS designers, operators, and researchers, responsible for numerous RFCs for DNS, publication of many peer-reviewed academic studies related to architecture and security of the DNS, and responsible for the operation of important DNS infrastructure on the Internet. more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. 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

Panel Allows Woman to Keep Domain Name That Is Her First Name

In this action under the usTLD Dispute Resolution Policy (which mirrors the Uniform Domain Name Dispute Resolution Policy), Complainant sought transfer of the Domain Name grazia.us. Complainant, an Italian company, has used the mark GRAZIA for many years in several markets around the world in connection with its fashion magazine. more

NAF Caught Revising Past UDRP Decisions?

In a previous CircleID article, it was discovered and documented that NAF Panelists and Complainants were systematically copying/pasting nonsense into UDRP decisions. It has been a couple of months with no action by ICANN, and no public statement by NAF. In a shocking new development, though, it turns out that NAF has quietly edited a past UDRP decision! more

Was the ClimateGate Hacker Justified? Join the Debate!

A few days ago a story broke where someone hacked into a global warming research institute and stole all emails from the past 10 years, proving a conspiracy. In the vast amount of emails stolen, some emails were also found with clear-cut lies, showing how some scientists conspired to deceive in scientific research about data that did not fit their agenda of proving global warming. I am opening the subject for debate... more

Private Cyber Investigators

This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more

WIPO Cybersquatting Report Ignores Real UDRP Trends

The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more