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As an industry insider and technologist, it's always tempting when discussing something new, such as the Trademark Clearinghouse (TMCH), to jump into the gritty details to try solving problems. However, in this case, we would be jumping a step ahead because it's fair to say most of the general community is not well informed about the current implementation challenges around the TMCH. more
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
Over the past few years, we have seen a plethora of over-hyped articles in the popular press and blogosphere crowing wrong-headedly about how 'email is dead'. Social networks like Facebook and Twitter, new and as-yet unproven technologies are the supposed death-knell for our old reliable friend, e-mail. I wrote about the rumours of email's death being exaggerated back in 2007 in response to such inanity. Since then, we've seen such a cornucopia of silliness of the 'Such & such is killing email' variety that Mark Brownlow compiled a bunch of articles, and their rebuttals at his excellent site... more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
On Webwereld an article was published following a new Kaspersky malware report Q1-2013. Nothing new was mentioned here. The Netherlands remains the number 3 as far as sending malware from Dutch servers is concerned. At the same time Kaspersky writes that The Netherlands is one of the most safe countries as far as infections go. So what is going on here? more
Law enforcement demands to domain name registrars were a recurring theme of the 42d ICANN public meeting, concluded last week in Dakar. The Governmental Advisory Committee (GAC) took every opportunity at its public meetings with GNSO and Board, and in its Communique to express dismay, disappointment, and demands for urgent action to "reduce the risk of criminal abuse of the domain name system." more
A Court of Appeals in Kentucky has granted a motion to delay a forfeiture hearing that will determine the fate of 141 domain names related to online gambling and poker sites. The Interactive Media Entertainment and Gaming Association (iMEGA), an Internet trade association based in Washington, D.C., asked the three-panel appeals courts to grant a stay so that the appeals court could consider iMEGA's petition to have the lower court seizure ruling overturned. more
Cybersecurity regulation is coming. Whether regulations intended to enhance critical infrastructure protection will be based on existing statutory authority, new legislation, an Executive Order or a combination of legal authorities, however, is still unknown. Other aspects of the coming federal oversight of critical infrastructure cybersecurity that remain undetermined include the extent to which governance system will include voluntary characteristics and the time frame for initiation of new cybersecurity regulation. more
The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel." more
It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more
A federal court granted a request for attorney's fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet. I thought things were looking good for Asis - whose lawsuits have generated substantial blog fodder - when it recently obtained a 2.5 million dollar default judgment in a spam case. more
I've been having arguments about Network Neutrality with a lawyer. My position is that you can't adequately regulate ISPs to be neutral, because there's no agreement what "neutral" means in practice. He points out that the courts aren't interested in technical details like what packets are dropped, it's that all traffic has to be treated the same, and ISPs should just figure out how to do that. So I contemplated a city with Plumbing Neutrality with the simple rule that all people must be treated the same... more
U.S. Democratic Senator Ron Wyden released an early draft of a bill today that would subject company CEOs and senior executives to tough penalties including 10 to 20 years of imprisonment for failing to protect consumer data. more
The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more
Earlier today the U.S. Court of Appeals for the DC Circuit issued its decision in Weinstein vs. Iran, a case in which families of terror victims sought to have ICANN turn over control of Iran's .IR ccTLD to plaintiffs. In a unanimous decision the three judge panel stated, "On ICANN's motion, the district court quashed the writs, finding the data unattachable under District of Columbia (D.C.) law. We affirm the district court but on alternative grounds." more
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