Law

IRMA Threatens Irish ISPs

I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more

Breaking Down Silos Doesn’t Come Easy

"We need to break down silos", is a phrase often heard in national and international meetings around cyber security and enforcing cyber crime. So it is no coincidence that at the upcoming NLIGF (Netherlands Internet Governance Forum), the IGF, but also an EU driven event like ICT 2013 have "Breaking down silos" and "Building bridges" on the agenda. But what does it mean? And how to do so? more

House Committees Taking Aim at IANA Transition Proposal

In an unanticipated move a third Committee of the US House of Representatives has weighed in with concerns regarding the NTIA's proposed transition of the US role as counterparty to ICANN's IANA functions contract to one with the "global multistakeholder community". On May 13th the House Armed Services Committee Report for HR 4435, the Defense Authorization bill, was released. more

Expansion of Top-Level Domain Names: Why Current Brand Protection Procedures Will Be Impractical

As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more

Assessing Intent to Cybersquat

It, perhaps, does not have to be said that cybersquatting is an intentional tort. No one would expect the respondent to admit unlawful intention, but complainant's proof must nevertheless support that contention. The Panel in Hästens Sängar AB v. Jeff Bader / Organic Mattresses, Inc. FA2005001895951 (Forum July 31, 2020) reminds us that it takes more than bad faith use of a domain name to find cybersquatting. more

Yes, 3 Billion Net Users by End of Year, but What Will the Majority in Emerging Markets Do Online?

The United Nations International Telecommunications Union (ITU) announcement that by end 2014, there will be nearly three billion Internet users -- two-thirds of them from the developing world -- with mobile-broadband penetration approaching 32 per cent. This information is so timely that it needs to be put in proper perspective by asking: What will the majority of these two-thirds do online? And how do we in the ICANN community deliver on our mandate of serving the global public interest? more

IP Addresses and Privacy Sensitive Data - A Level Playing Field Needed

Reading Peter Olthoorn's book on Google (a link is found here), I ran into a passage on IP addresses. Where Google states that it does not see an IP address as privacy sensitive. An IP address could be used by more than one person, it claims. The Article 29 Working Party, the EU privacy commissioners, states that it is privacy sensitive as a unique identifier of a private person. It got me wondering whether it is this simple. Here is a blog post meant to give some food for thought and debate. I invite you to think about the question 'how private is an IP address'? more

US Federal Trade Commission Says It Lacks Resources to Go After Privacy Violations Effectively

At hearing on Wednesday, the U.S. Federal Trade Commission (FTC) urged Congress to pass data privacy legislation and enhance its authority to police large tech companies. more

Virtual Extortion?

Maybe you saw this story: A Chinese man (whose name is not given) has been sentenced to serve three years in prison for extorting "virtual items and currency" from a "fellow Internet café user." The currency was worth 100,000 yuan or $14,700. The man who's sentenced to three years and the three friends who helped him also "extorted virtual equipment for online games" from their victim. The friends only seem to have been given a fine; the primary extortionist got both a fine and a jail time. The virtual currency was QQ coins... As I'm sure all of us know, there's a thriving market in virtual goods and currency... more

In Which We Explore the Federal Laws that Apply to Cyberstalking

Tragedies frequently result in flurries of legal activity. Last years witnessed the Myspace tragedy in which a 13 year old girl committing suicide. Unfortunately stalking laws have been clumsy tools that are difficult if not impossible for law enforcement officials to wield. Where existing laws respond poorly to tragedies, the option behind Door Number One is to enact a new law, and the option behind Door Number Two is to argue for a reinterpretation of current law that would somehow miraculously shoehorn the tragedy into the law. Unlike game shows, legal contestants can pick both doors -- which is what happened in this case. more

Proposed Law Seeks to Expose Internet Addressing for Child Safety

U.S. Republican politicians on Thursday introduced a bill that would require Internet service providers and network operators to track the use of and maintain records for their publicly accessible wired and wireless networks. Two bills have been introduced... Each of the bills carries the title "Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act," and is referred to as the "Internet SAFETY Act." more

Internet Society’s New Policy Brief Series Provides Concise Information On Critical Internet Issues

Have you ever wanted to quickly find out information on key Internet policy issues from an Internet Society perspective? Have you wished you could more easily understand topics such as net neutrality or Internet privacy? This year, the Internet Society has taken on a number of initiatives to help fill a need identified by our community to make Internet Governance easier to understand and to have more information available that can be used to inform policymakers and other stakeholders about key Internet issues. more

Supreme Court Declines to Hear Wikimedia Foundation’s Challenge to NSA Surveillance

The U.S. Supreme Court on Tuesday declined to hear the Wikimedia Foundation's appeal of a lower court's decision to dismiss their lawsuit against the National Security Agency (NSA).  more

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

Lawless Canada Emerging as a Spam Haven

The recent Facebook case has placed the spotlight on Canada's ongoing failure to address its spam problem by introducing long overdue anti-spam legislation. The fact that organizations are forced to use U.S. courts and laws to deal with Canadian spammers points to an inconvenient truth – Canadian anti-spam laws are woefully inadequate and we are rapidly emerging as a haven for spammers eager exploit the weak legal framework. more