Law

ICANN Wins a Very Weak TLD Lawsuit

Back in the 1990s as the Internet was starting to become visible to the world, several people had the bright idea of setting up their own top level domains and selling names in competition with what was then the monopoly registrar Network Solutions (NSI). For these new TLDs to be usable, either the TLD operators had to persuade people to use their root servers rather than the IANA servers, or else get their TLDs into the IANA root. Attempts to get people to use other roots never were very successful... more

ICANN 53 - Guaranteeing Accountability in Internet Governance

I recently attended the Internet Corporation for Assigned Names and Numbers' (ICANN) 53rd meeting in Buenos Aires to further discuss the Internet Assigned Numbers Authority (IANA) transition process. During the meeting, public and private Internet stakeholders made important strides on a transition timeline, accountability planning and future management of the Internet that supports global creativity and innovation. more

Competing Processes Obfuscate Internet Policy-Making in India

Net Neutrality has become a hot topic in India, following a brief but high-profile national debate instigated by a consultation paper from the Telecom Regulatory Authority of India (TRAI) that solicited views on what net neutrality is, and whether regulations protecting it are needed in India. The paper also hinted at possible regulation of all kinds of online services (like Skype, Uber, or Google) in the future. But no-one could have predicted what happened next... more

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more

Canadian Regulator CRTC Issues $1.1 Million Penalty to Compu-Finder for Spamming

Neil Schwartzman writes: "The Canadian Radio-television and Telecommunications Commission's (CRTC's) Chief Compliance and Enforcement Officer today issued a Notice of Violation to Compu-Finder, which includes a penalty of $1.1 million, for breaking Canada's anti-spam law. Compu-Finder has 30 days to submit written representations to the CRTC or pay the penalty. It also has the option of requesting an undertaking with the CRTC on this matter." more

Am I Safer Within an Organization or by Myself?

An Internet Bill of Rights may or may not be a good idea. The point here is that, besides highly commendable topics such as net neutrality and privacy, some of them seem to mandate cybersecurity. Approved in Brazil last May, the Marco Civil includes the principle of preservation of stability, security and functionality of the network, via technical measures consistent with international standards.  more

Domain Name Case Under ACPA Failed Because Trademark Was Not Distinctive

The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more

Google Shutting Down Engineering Office in Russia Amid Tighter Data Law

Google is closing its engineering office in Russia as a result of new law coming into force next year requiring foreign firms to store Russian users' personal data on servers located in Russia. more

Privacy, Risk and Revenue

The nation's leading organization of government, corporate and academic privacy executives -- the International Association of Privacy Professionals -- recently did what good groups do, it issued a report that validated the pursuit of the career it supports... the IAPP reminded all what has long been understood -- privacy is an important and growing risk management activity under the watchful eye (mostly) of general counsels. With $2.4 billions being spent this year and $3 billion next, it is a growth industry. more

Why OIRA Needs to Coordinate Federal Cyber Security Regulation

Two quick facts about American industry's resilience against cyber-attack, (1) our critical infrastructure is inadequately protected and (2) federal regulation will be required to fix the problem, reliance on market forces alone will not be sufficient irrespective of whether or not Sony Pictures survives. Although regulation is needed, it needs to be coordinated and, above all, cost-effective. Which agency is charge of regulating cybersecurity? Right now, it's a free for all with agencies staking out turf and claims of authority. more

German Court Holding Domain Registrar Responsible for Its End User Actions

A German appeals court has held a German domain name registrar (Key Systems) responsible for issuing a domain name to H33t, a torrent-tracking site. The case was appealed, but the appeals court upheld the lower court ruling. more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

ccTLDs Might Be Property

The long-running saga of victims who are pursuing 'state sponsors of terrorism' via ICANN has taken yet another turn. Some time back the Plaintiffs in Rubin & ors -v- Islamic Republic of Iran & ors managed to obtain Writs of Attachment in the Federal court district in Washington (D.C.) courts ordering that the ccTLDs of those respective countries be seized in part-payment of the damages they are owed. ICANN, fairly predictably, became involved at this point. more

U.S. Court Overrules Attempt to Seize Iran’s, Syria’s and North Korea’s Domains

In a landmark ruling, a U.S. federal court has agreed with the Internet Corporation for Assigned Names and Numbers (ICANN) that the country code Top-Level Domains (ccTLDs) are not property subject to attachment and thus overruled an attempt to seize Iran's, Syria's and North Korea's domains as part of a lawsuit against those countries' governments. more

Europe and Data Protection: We Need a Real Debate - Exactly What We Don’t Have Now

Europe is at the forefront of the global debate about data protection and privacy. Unfortunately that debate is characterised more by hyberbole and scaremongering than real discussion. Europeans deserve better -- and so does the world, who rightly see Europe as a leader on this subject. The new Commission has a chance to truly lead in partnership with governments, like Brazil, that agree with us. more