Law

If Thou Be’st as Poor for a Subject as He’s for a King…

Way back in 1995, Wired reporter Simson Garfinkel gave Jeff Slaton the name "Spam King." Less than a year later, Sanford Wallace earned the title -- and soon had to share it (and his upstream provider) with Walt Rines. Others have come and gone; Sanford and Walt reappear every few years, together or separately, only to be sued away again... it seems as if any spammer noticed by law enforcement is immediately crowned "the Spam King," even when there are multiple such crownings happening at the same time. more

Help Us Answer: What Will the Internet Look Like in 10 Years?

What will the Internet look like in the next seven to 10 years? How will things like marketplace consolidation, changes to regulation, increases in cybercrime or the widespread deployment of the Internet of Things impact the Internet, its users and society? At the Internet Society, we are always thinking about what's next for the Internet. And now we want your help! more

Continued Controversy Over Google Ads on Typosquatted Domains

Regular readers of this site would be familiar with the ongoing legal battles involving the practice of typosquatting; the registration of misspelled domain names of well know brands with the intention of making a profit. Taking advantage of the fact that millions of online users mistype addresses of websites they intend to visit, typosquatters register common misspelled versions of popular sites and make money by displaying ads. Google's AdSense for Domains (AFD) program, often used for displaying such ads, has been particularly targeted by trademark owners which according to McAfee's SiteAdvisor, serves ads on more than 80% of typosquatting sites recently uncovered. more

Encryption, Our Last Line of Defense

Encryption is fundamental to our daily life. Practically everything we do online makes use of encryption is some form. Access to our financial transactions, health records, government services, and exchanged private messages are all protected by strong encryption. Encryption is the process of changing the information in such a way as to make it unreadable by anyone except for those possessing special knowledge (usually referred to as a "key"), which allows them to change the information back to its original, readable form. more

Comcast Given 30 Days to Disclose Network Management Practices, Says FCC Order

In follow up to August 1st ruling against Comcast, Federal Communications Commission (FCC) in a 67 page order released today has given Comcast 30 days "to disclose the details of their unreasonable network management practices, submit a compliance plan describing how it intends to stop these unreasonable management practices by the end of the year, and disclose to both the Commission and the public the details of the network management practices that it intends to deploy following termination of its current practices." more

Patient Care Suffers When Data Security is a Budgetary Concern

According to a recent Homeland Security News Wire article, nearly 8 million patient medical records were compromised over the course of the previous two years due to data security breaches. As more hospitals and patient care providers move to store patient data electronically -- primarily as a cost savings effort -- the risk and exposure of our private medical information increases while our individual control over this information diminishes. more

EU launches Future Internet Public Private Partnership

Wout de Natris writes to report: "EU Commissioner for the Information Society Neelie Kroes today launched the EU co-funded project for the Internet of the future in which everything will be connected to everyone in the cloud. Here's the link to Mrs. Kroes' speech." more

Court Case Serves as a Good Reminder as to the Perils of Marketing Through Text Messages

A court in Illinois rejected a motion to dismiss case filed by defendants in a class action brought on behalf of plaintiffs who received SMS spam marketing for an animated film called "Robots". The court's ruling is not surprising, given the other cases which have come to a similar conclusion. more

A Record Year for Domain Name Disputes?

With just a little more than three months left in 2016, the number of domain name disputes filed at the World Intellectual Property Organization (WIPO) appears to be headed for a record year. According to public data published on the WIPO website, the current number of domain name disputes filed this year (as of this writing, September 27, 2016) is 2,228 - which would indicate that the total might reach 3,011 cases by December 31. more

Second House Amendment Ups the Stakes on IANA Transition

The House of Representatives has passed another measure related to the proposed IANA functions transition, and has again attached it to "must pass" legislation. This move ups the ante and may well be the final straw that compels the Senate Commerce Committee to hold its own oversight hearing on the IANA transition proposal.On May 30th the House adopted the Duffy Amendment to the Appropriations bill funding the Commerce, Justice, and State Departments in FY 2015. The final vote on the amendment was 229 in favor and 178 opposed -- it was fairly partisan outcome, with only ten Democrats voting aye while just one Republican voted nay. more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

Should the EB-5 Investor Visa Program Recognize Cyber Workers?

The EB-5 Investor Visa Program was created by Congress in 1990 to "stimulate the U.S. economy through job creation and capital investment by foreign investors." The program, administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), provides that entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs. more

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more

New Fear, Uncertainty and Doubt about Canada’s Anti-Spam Bill C-28

From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally. more

Freedom of Expression Part 4: Censorship, COVID-19, the Media and Assault on Freedom of Expression

As I write this, it is World Holocaust Day, 27th January 2021, a memorial of the atrocious events that shocked and outraged the conscience of humanity and gave birth to the Universal Declaration of Human Rights in 1948, the year that Holocaust victims majority of whom were Jews re-established the nation of Israel. Most of us can never begin to imagine the extent of the atrocities but relive the experiences through movies or documentaries, including but not limited to Spielberg's 1993 Schindler's List... more