Law

Internet Three Strikes Laws Violate International Law, Says UN Report

Michael Geist reporting in his blog: "The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has released an important new report that examines freedom of expression on the Internet. The report is very critical of rules such as graduated response/three strikes, arguing that such laws may violate the International Covenant on Civil and Political Rights. Moreover, the report expresses concerns with notice-and-takedown systems, noting that it is subject to abuse by both governments and private actors." more

IP Addressing in the New Age of Scarcity

This is the prepared opening statement given on behalf of Depository, Inc. at the panel discussion "IP addressing in the new age of scarcity" in the context of Internet governance and public policy at the Global Internet Governance: Research and Public Policy Challenges for the Next Decade Regional Conference held at the American University School of International Service on Thursday, May 5th, 2011 between 11:00 a.m. to 12:15 p.m. with Prof. Milton Mueller moderating and on the panel as well was John Curran, President and CEO of ARIN and Michael Froomkin, Professor of Law, University of Miami School of Law. more

At the Start of the NL IGF

At the annual Dutch "delegation" dinner at the Internet Governance Forum (IGF) in Vilnius, Lithuania, I voiced that it may be a good idea to start a Dutch IGF. This followed a discussion in which we discussed the possibilities of involving more people and organisations from the Netherlands in Internet governance. The, now, Ministry of Economic Affairs, Agriculture and Innovation followed this thought and made it possible for the ECP/EPN foundation to start the NL IGF. more

Debugging Legislation: PROTECT IP

There's more than a hint of theatrics in the draft PROTECT IP bill that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property". more

VeriSign and CFIT Resolve Over 5-Year Long Litigation

VeriSign reports that it has reached a Settlement Agreement and Mutual Release with the Coalition for ICANN Transparency, Inc. ("CFIT"), CFIT's members, and specified related parties that resolves the over five-year long CFIT litigation. Under the terms of the Agreement, no payment will be made and the parties immediately will file a dismissal with prejudice of all claims in the litigation. Further, the parties executed mutual releases from all claims now and in the future related to the litigation. more

In DHS Takedown Frenzy, Mozilla Refuses to Delete MafiaaFire Add-On

Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights. more

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more

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