Law

Should We Make the Possession of Malware a Crime?

In the U.S., it is a federal crime to use malware to intentionally cause "damage without authorization" to a computer that is used in a manner that affects interstate or foreign commerce. Most, if not all, U.S. states outlaw the use of malware to cause damage, as do many countries. The Council of Europe's Convention on Cybercrime, which the United States ratified a few years ago, has a provision concerning the possession of malware. Article 6(1)(b) of the Convention requires parties to the treaty to criminalize the possession of malware "with intent that it be used for the purpose of committing" a crime involving damage to a computer or data... more

Google Dumps Illicit Pharmacy Advertisements

Garth Bruen writes: Within the next few weeks Google plans to update its pharmacy policy which will restrict pharmacy advertisements. Once in effect, the updated policy will only allow VIPPS and CIPA certified pharmacies to advertise. Additionally these pharmacies can only target ads within their country. more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more

Dead Ends: The Achievement of Consensus in UDRP Jurisprudence

Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more

Emergence, Rise and Fall of Surveillance Capitalism, Part 2: Rise and Fall

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. 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

US Senate to Hold Hearing on Consumer Data Privacy Issues

U.S. Sen. Roger Wicker, chairman of the Committee on Commerce, Science, and Transportation, announced today that it will convene a hearing titled, "Policy Principles for a Federal Data Privacy Framework in the United States." more

Is This Only Sloppy Wording by ICANN?

So I wrote earlier that I though it was good stuff when ICANN released a paper on DNS Security. Yes, I think it was good this paper was released, and yes it points out correctly how important DNSSEC is. But, now when reading it in detail, I find two things that troubles me. And it has to do with management of .ARPA. A top level domain that is used for infrastructural purposes. Like IP-addresses and E.164 numbers... more

US Tech Firm Cloudflare Accused of Providing Cybersecurity Services to Foreign Terrorist Groups

Leading American tech firm Cloudflare has been accused of providing cybersecurity services to at least seven designated foreign terrorist organizations and militant groups including Taliban, al-Shabab and Hamas. more

Say No to WIPO’s Proposal to Amend the PDDRP to Create New Law

A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more

WIPO Proposal for Paperless UDRP

The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more

Domain Name Lessons From iTunes

What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more

Internet Governance and the Universal Declaration of Human Rights, Part 5: Article 15-17

Internet Governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article as Part 5 of the series of articles (published in installments), and we are revisiting Article 15 to look at empowered Digital Citizenship and Internet Governance, to move on to the rights to a family and property more

Private Cyber Investigators

This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more

Google Book Search Settlement: Another Digital Pandora’s Box

A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more