Law

Law / Most Commented

EU launches Future Internet Public Private Partnership

Wout de Natris writes to report: "EU Commissioner for the Information Society Neelie Kroes today launched the EU co-funded project for the Internet of the future in which everything will be connected to everyone in the cloud. Here's the link to Mrs. Kroes' speech." more

Creating, Protecting and Defending Brand Equity - Part 1

Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more

Microsoft, Federal Agencies Take Down Rustock Botnet

Neil Schwartzman writes: "There is a lot of press on the profound effect the take-down of the Rustock botnet, affected by Microsoft, some U.S. federal agencies, and countless others working in the background to assist in the effort. CAUCE has aggregated a few of the best stories and data-points. A community congratulations, and thank-you to all those involved!" more

KnujOn Releases New Security, Abuse and Compliance Report

We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more. more

Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more

A Fairness ‘Scorecard’ for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

Collecting Cybercrime Data: Can Signal Spam Be a Piece of the Puzzle?

The gathering of coherent data on cybercrime is a problem most countries haven't found a solution for. So far. In 2011 it is a well known fact that spam, cybercrime and botnets are all interrelated. The French database Signal Spam may be a significant part of the solution to gather, analyse and distribute data on spam, phishing, cybercrimes and botnets, but also be a forum in which commercial mass e-mail senders and ISPs can work on trust. more

Super Bust: Due Process and Domain Name Seizure

With the same made-for PR timing that prompted a previous seizure of domain names just before shopping's "Cyber Monday," Immigration and Customs Enforcement struck again, this time days before the Super Bowl, against "10 websites that illegally streamed live sporting telecasts and pay-per-view events over the Internet." ICE executed seizure warrants against the 10 by demanding that registries redirect nameserver requests for the domains to 74.81.170.110, where a colorful "This domain name has been seized by ICE" graphic is displayed. more

CircleID’s Top 10 Posts for 2010

Looking back at 2010, here is the list of top ten most popular news, blogs, and industry news on CircleID in 2010 based on the overall readership of the posts (total views as of Jan 1, 2011). Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2011. Happy New Year! more

Email and Law in the News

A couple things related to the intersection of email and law happened recently. The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. more

ICANN’s San Francisco Meeting

I was sitting around on a Sunday afternoon catching up with a backlog of work watching the Philadelphia Eagles beat the New York Giants in an unbelievable comeback, when I visited the ICANN website and noticed the new logo for the upcoming 40th ICANN regional. ...I personally thought the original choice of the San Francisco logo looked confusingly similar to Cisco's registered trademark. more

Internet Governance: Leading by Example

On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. more

Cyber Crime: It’s All About Data (Part 2)

In this part I want to focus on the gathering of cyber crime data. Are there best practices in the world on how cyber crime data is reported to law enforcement and aggregated to show the impact of said crime? Previously the discussion focused on the fact that cyber crime = crime and on a basic cyber (crime) training for every police officer. From the reactions this received, it is clear that some people see this as a possible solution. more

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more