Law

CircleID’s Top Ten Posts of 2012

Here are the top ten most popular news, blogs, and industry updates featured on CircleID during 2012 based on the overall readership of the posts for the past 12 months. Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2013. more

Loopholes and Ambiguities in Contracts that ICANN Oversees

ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more

WCIT Denouement

It is midnight in Dubai and I am listening to the final readings of the International Telecommunication Regulations (ITR). This instrument is the final output of two weeks of negotiations at the World Conference on International Telecommunication (WCIT), a gathering of the world's nations to update the the ITRs. The Chair goes through the document article by article, section by section, and with each passing "thank you", this Conference draws to a close. Many in the room are elated. more

Cyber Security: A Duty to Care?

Yesterday, in my post on three new threats in one day, I posed the question whether it was necessary to develop regulations that would set a minimum standard on cyber security for devices that connect to the Internet. I'm having second thoughts here, which I'll explain in this post, but also try to look at a way forward and ask you to engage. more

Sovereignty and the Geography of Cyberspace

The cross-border nature of the Internet challenges an international system based on separate national jurisdictions. Unfortunately, discussions among governments on this growing tension easily spiral into ideological infighting about the application of sovereignty. Early November however, 1600 participants from 100 countries gathered for the 7th annual Internet Governance Forum (IGF)... Several sessions showed that it is possible to address the relations between the Internet and sovereignty in a responsible manner. more

ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly

ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations... I participated on behalf of noncommercial users in the policy meeting in person in LA on 15 November, and then for part of the discussion on 16 November via telephone. Here is my personal evaluation of the meeting and my initial reactions to the output of the meeting pending further discussion with the NCSG Policy Committee. more

... and still we are left wanting: Malta’s White Paper on Digital Rights

Last month, the Government of Malta published a White Paper for public consultation, proposing the introduction of four so-called "digital rights" in the Constitution of Malta. The proposal is indeed a step in the right direction but lacks punch where it matters most. While the government's efforts are commendable, the White Paper is riddled with misconceptions and does not go far enough. more

INET New York: Open Forum of the Copyright Alert System - Thursday 11/15

The Copyright Alert System, the result of a deal between big content and big ISPs, is a graduated response program - popularly known as the six strikes - that escalates from nastygrams, to copyright school, to Internet throttling. Just like SOPA/PIPA, enforcement targets will be arbitrarily selected by the content owners, but unlike SOPA/PIPA there will be no appeal via the courts - only to an arbitration firm hired by the program. more

LegitScript to Release Monthly Data on Rogue Internet Pharmacy Registrar Clustering

One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more

State Hacking: Do’s and Don’ts, Pros and Cons

Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I perfectly understand the frustration of enforcement agencies of having to find actionable data and evidence that gets criminals convicted in a borderless, amorphous environment, a line seems to be crossed with this idea presented to Dutch parliament. Where are we? more

Looking Ahead - UDRP Bad Faith Analysis and New gTLDs

The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more

Compliance Overhaul a Start

ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large Advisory Committee (ALAC) and Regional Leadership Meetings. It seems very ambitious and they will need to be because our year-long research, publicly distributed here for the first time, shows a complete breakdown in ICANN's Compliance functions on every level possible. more

The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry

Sen. Amy Klobuchar has introduced a new bill, the "Cloud Computing Act of 2012" (S.3569), that purports to "improve the enforcement of criminal and civil law with respect to cloud computing." Given its introduction so close to the election, it's doubtful this bill will go anywhere. Still, it provides an excellent case study of how even well-meaning legislators can botch Internet regulation. more

The ‘Domain Rights Dozen’ - ICA’s RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more

The Internet and the Legitimacy of Governments

In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should these sentiments get the support of the majority of people, it would undermine all legitimacy of a government to govern. Let's try and take a closer look. more