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
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
Last week during the ICANN meeting in Barcelona I attended a short presentation from the Internet Watch Foundation (IWF). Their mission is pretty simple: ...eliminate child sexual abuse imagery online. Fortunately, the presentation I was at did not include any of the actual material (which would have been illegal anyway) but even without seeing any of it the topic is one that I think most people find deeply disturbing. more
Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices. more
The FAKE45 sign in the photo lower right corner appearing on the front page of today's Washington Post -- ironically in front of the Department of Justice headquarters -- captures a result of yesterday's events that may have far-reaching consequences. About 4.5 million people -- including a million in Washington DC alone -- spontaneously came together from every corner of the nation and world to question the legitimacy of a Trump Administration, express disdain for its actions, and assert the repugnancy of its positions. I was there. more
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
At EuroDIG 2019 a workshop was organised around the topic of consolidation on the Internet. It was organised around four angles: technique, competition, society and human rights and; future research. One thing became extremely clear: no one contested that consolidation is taking place nor that this already has and will have an impact on the Internet and consecutively on society. more
Ahmed Mansoor is an internationally recognized human rights defender based in the Middle East and recipient of the Martin Ennals Award (sometimes referred to as a "Nobel Prize for human rights"), On August 10 and 11, 2016, Mansoor received an SMS text messages on his iPhone promising "new secrets" about detainees tortured if he clicked on an included link. Instead of clicking, Mansoor sent the messages to the Canadian Citizen Lab researchers. more
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
It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily predict that the new FCC will largely undo what has transpired in previous years. However, that conclusion warrants greater calibration. more
In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more
Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more
It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more
There are some who see the regulation of social media platforms as an attack on the open internet and free speech and argue that the way to protect that is to let those platforms continue to self-regulate. While it is true that the open internet is the product of the same freedom to innovate that the platforms have sprung from, it is equally the product of the cooperative, multi-stakeholder organisations where common policy and norms are agreed. more
In this part I want to focus on the gathering of cyber crime data. Are there best practices in the world on how cyber crime data is reported to law enforcement and aggregated to show the impact of said crime? Previously the discussion focused on the fact that cyber crime = crime and on a basic cyber (crime) training for every police officer. From the reactions this received, it is clear that some people see this as a possible solution. more
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