Law

Protests Erupt Over EU’s Anti-Counterfeiting Trade Agreement

In a blog post today, Michael Geist writes: "The reverberations from the SOPA fight continue to be felt in the U.S. and elsewhere (mounting Canadian concern that Bill C-11 could be amended to adopt SOPA-like rules), but it is the Anti-Counterfeiting Trade Agreement that has captured increasing attention this week. Several months after the majority of ACTA participants signed the agreement, most European Union countries formally signed the agreement yesterday (notable exclusions include Germany, the Netherlands, Estonia, Cyprus and Slovakia). This has generated a flurry of furious protest..." more

EU Rulings on Geo-Blocking in Digital Storefronts Will Increase Piracy Rates in the Developing World

For the longest time, it was an insurmountable challenge for those in the developing world to be able to afford to legally consume multimedia products. Prices originally set in Dollars, Euros or Yen often received insufficient adjustments to compensate for lower incomes, something that was compounded by local import or manufacture taxes that did little to alleviate matters. more

A Civil Society Perspective on NETmundial Final Outcome: A Remarkable Achievement Despite Losses

few 'big picture' thoughts on the Netmundial meeting in Brazil this week and its final outcome document, adopted by its high level committee. Overall, there are some truly amazing and forward-looking principles supported in the "Netmundial Multi-Stakeholder Statement" that we as civil society should be proud of, and especially our civil society representatives who worked tirelessly for this achievement. more

NJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in Washington and Tennesse)

Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its service, ran family-friendly chat rooms that it moderated in an effort to keep kids protected from unfortunate content. In a different Prodigy chat room, some unknown third party said something apparently bad about an investment firm Stratton-Oakmont. Stratton-Oakmont didn't like that very much, and sued. more

A Closer Look at the “Sovereign Runet” Law

In December 2018, a bill on the "stable operation" of the Russian segment of the Internet was introduced and got the title "Sovereign Runet" in mass media and among the public. It was adopted after 5 months later, despite doubts about the technical feasibility of its implementation. The law is very ambitious in its intent to simultaneously control Internet traffic and protect Runet from some external threats, but legislators still have no idea how it would actually work. more

Creating, Protecting and Defending Brand Equity - Part 1

Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more

Can the Internet Work Across Borders?

On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more

Federal Data Crisis: Unreliable Federal Databases are Destroying Opportunities for Small Businesses

Databases are the infrastructure of the modern administrative state and data is its lifeblood. When the data is contaminated with errors, federal agencies have difficulty performing even the most basic administrative functions such as managing its inventory of office space and protecting the personally identifiable information (PII) of social security number holders. The federal dissemination of unreliable data doesn't just waste money; it undermines public trust in government and leaves it unmanageable. more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

A Template for Adequacy: EU Pitches for Data Protection Gold Standard

Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission. more

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more

Three Reasons Why Apple Didn’t Have to Unlock a Phone

The US government is demanding Apple unlock iPhones in about a dozen cases beside the San Bernardino one. In a strikingly similar case, Judge James Orenstein in Brooklyn rejected the government's request for three separate reasons. In the decision the judge refers several times to the San Bernardino case, and it is clear he expects this decision to be an important precedent for that one. more

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more

Owner of .Feedback in Breach of Registry Agreement, Rules ICANN

"The Internet Corporation for Assigned Names and Numbers (ICANN) has ruled that .feedback owner Top Level Spectrum (TLS) is in breach of its registry agreement," Barney Dixon reporting in IPPro The Internet. more