Law

Permissionless Innovation: Why It Matters

We live in a world of information abundance and the proliferation of ideas. Through mobile devices, tablets, laptops and computers we can access and create any sort of data in a ubiquitous way. But, it was not always like that. Before the Internet information was limited and was travelling slow. Our ancestors depended on channels of information that were often subjected to various policy and regulatory restrictions. The Internet changed all that. more

Best Practices in the Global Internet

In an increasingly global environment, the Internet infrastructure industry faces a diverse set of serious issues that we as an industry need to address together. To look at these concerns, an area of focus for the Internet Infrastructure Coalition (i2Coalition) has been best practices for our industry. Our approach to developing best practices encapsulates three areas, always with the goal of striking the right balance between security, safety and privacy: working with experts and industry professionals; identifying like-minded partners; and fostering the growth of the Internet economy. more

Court Says gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes, Declines LRO Review of .delmonte

A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more

Turkish Parliament Approves Internet Bill, Lets Government Block Websites, Seize Personal Data

Turkey's Parliament has passed a bill that includes controversial arrangements concerning the protection of online privacy despite concerns raised by the European Union as well as Turkish NGOs and opposition parties, according to a report today by Turkey's Daily News. more

Downsizing Sao Paulo

On January 27th the Executive Multistakeholder Committee (EMC) held its first meeting to plan the "Global Multistakeholder Meeting on the Future of the Internet Governance" scheduled to be held in Sao Paulo on April 23rd-24th. A review of that planning session's results indicates a Sao Paulo meeting with downsized attendance and, most likely, accompanying expectations.  more

ICANN New gTLD Auctions - Apparently No Antitrust Concerns?

There has been much discussion in ICANN circles concerning auctions to resolve new gTLD contention sets. This article summarizes the discussion and events to date, and suggests there should be little worry for applicants seeking to resolve their contention sets via private auction, rather than ICANN's "last resort" auction. more

Canada’s Anti-Spam Law Coming Into Force July 01, 2014

Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more

Don’t Let Patent Wars Widen Digital Divide

For generations, large pockets of Africa were isolated from things many of us take for granted: access to medical treatment and advances that can make the difference between a healthy, productive life or debilitating illness -- or even an early death. These problems still persist, but over the last two decades technology has helped break through and enable medical professionals to reach the poorest and most remote populations and offer some hope. more

Spam-Friendly Registrar ‘Dynamic Dolphin’ Shuttered by ICANN

Neil Schwartzman writes: Brian Krebs is reporting in KrebsOnSecurity that ICANN last week revoked the charter of Dynamic Dolphin, a registrar that has long been closely associated with spam and cybercrime. "The move came almost five years after this reporter asked the Internet Corporation for Assigned Names and Numbers (ICANN) to investigate whether the man at the helm of this registrar was none other than Scottie Richter, an avowed spammer who has settled multi-million-dollar spam lawsuits with Facebook, Microsoft and MySpace over the past decade..." more

TPP IP Chapter Leaks Reveal New U.S. Proposed Regulations for Country-Code Domain Names

The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more

The Internet and OpenStand: The Internet Didn’t Happen by Accident

On the World Standards Day of 2013 it seems appropriate to recognize that on the Internet and throughout the Web, nothing goes anywhere without standards. These technical standards - communication protocols, data exchange formats, and interfaces - allow different computers and networks to talk to each other. They are the lifeblood around the world for multibillion dollar industries that didn't exist 20 years ago. They are born of a collaborative, open process that prides itself on technical expertise and measures success by the depth and breadth of their acceptance across a hodgepodge of vastly different technologies all interconnected to what we euphemistically call "the Global Internet." more

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

Registrars That Complied With “Shakedown” Requests May Now Be in Violation of ICANN Transfers Policy

At the time we posted 'Whatever Happened To Due Process,' we were unaware that we were just one of many registrars receiving these notices from the London (UK) Police. We have since been made aware that this was part of a larger initiative against the BitTorrent space as a whole, and that most if not all of the other registrars in receipt of the same email as us folded rather quickly and acquiesced to the shakedown orders. more

Filtering the Internet Is Still a Bad Idea: DCA, ABC, and Steroid Searches

A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted. more