Law

ICANN IRT Report Open for Comment With Short Timeframe?

The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more

The EARN IT Act: The Wrong Solution to a Complex Problem

The EARN IT Act was reintroduced into Congress last Monday, with the promise that it would end Internet platforms' "blanket immunity" for "tens of millions of photos and videos" of child sexual abuse that they allow to circulate online. With the bill already scheduled for hearing in committee, it's on track to be passed quickly. And why shouldn't it be, if its sponsors' claims about it are true? Perhaps because they're not true. more

An End to Spam Litigation Factories? (Gordon v. Virtumundo)

When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn't trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize any new statutory right for a litigation frenzy... Although I personally think Congress would better served all of us by omitting all private enforcement rights in CAN-SPAM, unquestionably the private rights in CAN-SPAM are drafted narrowly to prevent their abuses. That hasn't stopped some zealous anti-spammers from testing the limits of CAN-SPAM's private enforcement remedies anyway. more

Does the UDRP Interfere With Free Speech Rights? – The StopSpectrum.com Decision

How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more

Preventing ‘Techlash’ in 2018: Regulatory Threats

U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more

The Internet Archive Hops Out of the Copyright Frying Pan Into a New and Different Fire

In 2020 a group of book publishers sued the Internet Archive over their Controlled Digital Lending program, which made PDF scans of books and lent them out from the Archive's website. For books still in copyright, the Archive usually limited the number of copies of a book lent to the number of physical copies of the book they had in storage. Several publishers sued with an argument that can be summarized as "that's not how it works." more

Automated Theft of Intellectual Property

A few days ago I wrote about a piece of my intellectual property, an article I wrote and posted on DaileyMuse.com, being stolen, plagiarized, and posted on another web site under a different authors name. I hadn't been looking for my work elsewhere, I was simply browsing the access logs and visiting other websites that stood out. As a result of finding my work posted elsewhere without my permission, I contacted the owner of the website by email and provided 24 hours to remove the content before I pursued legal action. more

Celebrating 167 Years of Public International Law for Cyber Security

On 30 September 1850 at Dresden, the first international treaty was issued among the first sovereign nations to internet their national electronic communication networks. It was known as the Dresden Convention, and culminated several weeks hammering out basic requirements and techniques to implement an internet spanning the Austro-German European continent at the time, and established a continuing "Union" of signatories to evolve the provisions of the treaty. more

Cheers! Registries and Registrars Doing the Right Thing by Patients

Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more

Ending U.S. Government Amnesia About Its Legacy Internet Registries is in the Public Interest

On July 2, 2002, Damien Cave published an interview on Salon.com with John Gilmore, "original 'cypherpunk' and all-around Internet supergeek," titled "It's time for ICANN to go." In this wide-ranging interview, Gilmore -- an early employee of Sun Microsystems who also co-founded Cygnus Software (acquired by Red Hat) and was an early supporter of the Electronic Frontier Foundation and the Internet Society (ISOC) -- offered blunt insight and eye-opening historical detail... more

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China’s .cn

WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more

Why Bitcoin Will Not Solve the Caribbean’s Financial Inclusion Woes

There's a deluge of hype around Bitcoin and blockchain technologies right now, and policymakers and regulators in the Caribbean are doing their best to wrap their heads around the advantages and disadvantages of this virtual currency. Similar questions are being contemplated in the ICTs for development (ICT4D) community, taking into account that electronic money (e-money) platforms such as Safaricom's M-PESA have essentially solved the financial inclusion quandary for millions of people in Kenya. more

US Congress Considering Legislation to Authorize Faster Access to International Electronic Data

A legislation called, Clarifying Lawful Overseas Use of Data Act, or Cloud Act, was introduced on Monday by Congress aimed at creating a clearer framework for law enforcement to access data stored in cloud computing systems. 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