Law

Outlawing Botnets

The European Commission is apparently considering the promulgation and adoption of a directive that would, at least in part, criminalize botnets. As I understand it, the premise behind adopting such a directive is that since botnets are capable of inflicting "harm" on a large scale, we need to separately criminalize them. I decided to examine the need for and utility of such legislation in this post. more

Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more

Canada Considering Right to Repair Legislation Tackling Repair Monopoly Over Brand-Name Devices

Ontario Liberal Member of Provincial Parliament (MPP) Michael Coteau has introduced a bill to enable consumers and independent professionals to repair brand-name computers and phones easily and economically. more

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress. more

Google Asks U.S. Government to Allow Transparency for Its National Security Request Data

In an open letter published today, Google has asked the U.S. Attorney General and the Federal Bureau of Investigation for more transparency regarding national security request data in light of the NSA data collection controversy. more

U.S. Court Overrules Attempt to Seize Iran’s, Syria’s and North Korea’s Domains

In a landmark ruling, a U.S. federal court has agreed with the Internet Corporation for Assigned Names and Numbers (ICANN) that the country code Top-Level Domains (ccTLDs) are not property subject to attachment and thus overruled an attempt to seize Iran's, Syria's and North Korea's domains as part of a lawsuit against those countries' governments. more

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. more

While Cyberspace Is Entering an Era of Warring States, There Remains a Chance to Make a Difference

For the non-state actors who are making efforts to approach cybersecurity issue in a different and creative way, the state actors, however, have given clear signs that they have exhausted their patience and insisted on doing things alone by bringing traditional old tricks back into cyberspace. This is exemplified in the bilateral meeting of two cyber sovereigntists - the Chinese and U.S. presidents on April 6-7, and in the multilateral G7 Declaration on Responsible States Behavior in Cyberspace on April 11. more

You Cannot Tell Your Customers to ‘Shut Up’ Anymore - Consumer Review Fairness Act Signed Into Law

Bad idea: Set up a business and provide poor goods or services; receive bad reviews online for your poor goods or services. Worse idea: Instead of treating your customers' feedback as free expert advice and listening to their suggestions on how to improve your business, sue your customers -- experience the Streisand Effect -- resulting in increased media coverage highlighting your lousy goods, service, and treatment of customers. Ensure that negatives reviews of your business get the widest exposure possible. more

Reviling Universal Service Subsidies and Then Showcasing the Results

Today, the Supreme Court will consider a challenge to the universal service subsidy program established soon after the introduction of telephone service by the AT&T Bell System and later officially adopted by the FCC as mandated by a 1996 law.1, 2 Universal service funding supports access to telephone and broadband service by subscribers in rural locales that commercial ventures will not serve absent a subsidy. more

Google Begins Publicly Sharing National Security Letters

In a note released this week, Google announced that it will begin publicly sharing National Security Letters (NSLs) it receives that have been freed of nondisclosure obligations either through litigation or legislation. more

Calculating the Return on Investment of Online Brand Protection Projects

In the early days of Online Brand Protection (OBP), before it was commonly understood how damaging to revenue infringements could be, this was an extremely popular topic. I remember delivering webinars on the subject then and even running a couple of half-day in-person workshops for brand owners at major conferences. more

Disclosing Unique User IDs in URLs Doesn’t Violate ECPA - In re Zynga/Facebook

In separate lawsuits, plaintiffs alleged Facebook and Zynga violated the Stored Communications Act (in Zynga's case, also the Wiretap Act). The crux of plaintiffs' allegations was that when a Facebook user clicked on an ad or a link, the HTTP request sent by the browser included the user's Facebook ID and the address of the webpage the user was viewing when he or she clicked the link. An end user's request to play Farmville would result in the transmission of similar information to third parties. more

Fairness & Due Process Require Changes to ICANN’s “Updated Supplementary Procedures” to the IRP

The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding... more

Brands and Domains Conference Recap

The best and most knowledgeable experts of dot Brand met in the Brands and Domains conference, on October 2 and 3 in the Hague, Netherlands. Brand and project owners were also present, coming from all around the world -- from Australia or Japan to the USA and Canada. The keynote by Georges-Edouard Dias, CEO of Quantstreams and founder of the concept of brand hospitality, explained how customers are not anymore the targets of brands. more