Law

NJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in Washington and Tennesse)

Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its service, ran family-friendly chat rooms that it moderated in an effort to keep kids protected from unfortunate content. In a different Prodigy chat room, some unknown third party said something apparently bad about an investment firm Stratton-Oakmont. Stratton-Oakmont didn't like that very much, and sued. more

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority

People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved dramatically. Still, some anti-spammers hate spam so passionately -- or, perhaps, hope to put a little coin in their pockets -- that we still see a steady stream of lawsuits against email marketers. For the most part, those lawsuits don't win; in the past half-decade, repeat anti-spam plaintiffs have rarely won in court. more

How Not to Stop Spammers

Spam Arrest is a company that sells an anti-spam service. They attempted to sue some spammers and, as has been widely reported, lost badly. This case emphasizes three points that litigious antispammers seem not to grasp: Under CAN SPAM, a lot of spam is legal; Judges hate plaintiffs who try to be too clever, and hate sloppy preparation even more; Never, ever, file a spam suit in Seattle. more

More Petition by Google for Greater Transparency

Google reported today that it has filed an amended petition in the U.S. Foreign Intelligence Surveillance Court. The company, in a blog post, reports: "This petition [PDF] mirrors the requests made to Congress and the President by our industry and civil liberties groups in a letter [PDF] earlier this year. Namely, that Google be allowed to publish detailed statistics about the types (if any) of national security requests we receive under the Foreign Intelligence Surveillance Act, including Section 702." Request has also been made by Google for the court to hold its hearing in open rather than behind closed doors. more

When an IP Address Does Not Equal Individual Culpability - Breaking Glass Pictures v Does, DAZ 2013

Something bad happens online. I can tie that something-bad back to an IP address. Do I know who did the bad thing? According to the Federal District Court in Arizona, I don't. An IP address may identify the owner of an Internet access account; it does not identify who was online at that particular time and who may be responsible for the actions in question. In Breaking Glass Pictures v Does, DAZ 2013, Plaintiff brought a claim for copyright infringement, wants early discovery, but the court is refusing. more

Paths of Glory: Privacy Still Matters

The world has changed dramatically for the better over the last 15 years, mainly due to the commercialization of the Internet. That is what I would like to believe. Unfortunately, I am no longer sure. True, the Internet connects all of us with every corner of the world... For the rest, the times may be changing, because there are those who believe that the Internet should be molded to fit those same old bureaucracies and corrupted institutions that have plagued humanity for decades, if not centuries. The solution, many times, feels far out of reach. more

Google Books Case Part 4,523: Decide Fair Use First

The endless lawsuit by the Authors Guild (which purports to represent authors, no longer including me), against Google moved another small step toward completion today. The Guild is just sure that Google's book scanning project means that end of civilization as we, or at least they, know it. Their arguments run from the somewhat plausible, that the scans are in violation of copyright, to the just plain goofy, that the scan data is so amazingly valuable yet vulnerable that Google must destroy it before someone steals it. more

Introducing Internet Society’s Intellectual Property Issues Paper

What made an organization like the Internet Society draft an issues paper on Intellectual Property? What is the aim of this paper? How does the paper relate to overall Internet governance discussions? And, what - if any - impact does it aim to have on the discussions regarding Intellectual Property? At a time when there is a desire to resolve policy considerations by employing technological measures, the Internet Society, through an issues paper, amongst other things, seeks to chart a path forward... more

Google Asks U.S. Government to Allow Transparency for Its National Security Request Data

In an open letter published today, Google has asked the U.S. Attorney General and the Federal Bureau of Investigation for more transparency regarding national security request data in light of the NSA data collection controversy. more

CAN SPAM Issues in Zoobuh V. Better Broadcasting

Last week a Utah court issued a default judgement under CAN SPAM in Zoobuh vs. Better Broadcasting et al. I think the court's opinion is pretty good, even though some observers such as very perceptive Venkat Balasubramani have reservations. The main issues were whether Zoobuh had standing to sue, whether the defendants domain names were obtained fraudulently, and whether the opt-out notice in the spam was adequate. more

France Drops Its Internet “Three Strikes” Anti-Piracy Law

France has put an end to its most extreme measure of its notorious "three strikes" anti-piracy law. "Getting rid of the cut-offs and those damned winged elephants is a good thing. They're very costly," Joe McNamee, of European Digital Rights. more

US Should Take More Aggressive Counter-Measures On IP Theft, Including Use of Malware

A bipartisan Commission recently produced a report titled, "The Report of the Commission on the Theft of American Intellectual Property". Karl Bode from dslreports.com writes... more

Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more

Will the Trademark Clearinghouse Fulfill its Potential?

ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs. more