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The Canadian government released a statement saying "Facebook committed serious contraventions of Canadian privacy laws and failed to take responsibility for protecting the personal information of Canadians." more
Quantum computers are coming, and the American Bar Association's SciTech section is beginning to consider the legal implications. This raises the question, will the legal profession be able to adopt emerging quantum technologies on a tech-business as a usual basis? Or will the developments flowing from quantum mechanical theory present a categorical challenge to the legal-industrial complex? more
When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more
With the first anniversary of the European Union's General Data Protection Regulation (GDPR) approaching in just a few days, Microsoft's Corporate Vice President and Deputy General Counsel, Julie Brill says GDPR has been an important catalyst for progress in privacy protection around the world. more
A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted. more
We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more
Most of the single-character .com labels were initially registered in 1993 by Dr. Jon Postel while performing work pursuant to a contract with, and funded by, the U.S. government and are currently assigned to a "shell registrar" created and controlled by ICANN. This shell - which is the 376th entry on ICANN's list of accredited registrars - is misleadingly identified as the IANA registrar while being engaged in the illicit warehousing of domain names for speculative purposes. more
The latest report on young people's online music-finding habits from consumer research company The Leading Question has attracted a fair amount of coverage for its headline finding that UK teenagers use of filesharing services has dropped by a third... Music industry pollsters will inevitably look for a silver lining in the cloud of consumer behaviour, and a focus on the growth of legal services is to be expected. But even with that caveat in mind, there has clearly been a shift in behaviour as more young people find licensed ways to listen to the music they want, watching YouTube videos, streaming songs through MySpace and Spotify and generally using legal avenues to find and enjoy the music of new bands like Florence and the Machine. more
My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more
"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more
I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
Over the last year the world has been virtually buried under news items describing hacks, insecure websites, servers and scada systems, etc. Each and every time people seem to be amazed and exclaim "How is this possible?" Politicians ask questions, there is a short lived uproar and soon after the world continues its business as usual. Till the next incident. In this blog post I take a step back and try to look at the cyber security issue from this angle... more
Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more
There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more
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