Law

The Threat from Within - US v. Fowler, SDFL 2010

The security vendor-phobe at the head of the conference bangs on the podium with his shoe declaring that "The greatest threat comes from within! (buy our product for your network's salvation)." Fear as a marketing strategy can never be underestimated. Particular when the fear is of the misunderstood. Media helps stoke the flames of fear-marketing with stories of fired or disgruntled IT staff who reportedly effectuate their revenge on former employers by bricking systems. more

Healthy Domains Revisited: The Pharmaceutical Industry

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

Google Can, at Least for Now, Disregard Canadian Court Order Requiring Deindexing Worldwide

U.S. federal court issues preliminary injunction, holding that enforcement of Canadian order requiring Google to remove search results would run afoul of the Communications Decency Act... Canadian company Equustek prevailed in litigation in Canada against rival Datalink on claims relating to trade secret misappropriation and unfair competition. After the litigation, Equustek asked Google to remove Datalink search results worldwide. Google initially refused altogether... more

Reshaping Cyberspace: Beyond the Emerging Online Mercenaries and the Aftermath of SolarWinds

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

Content Filtering Ineffective, Harmful According to Public Knowledge Study

A report released today by Public Knowledge points out that their recent analysis indicates filtering Internet content, as advocated by media companies, will not be effective and in fact harmful to the Internet. An accompanying 60-page whitepaper contains the full report including a number of reasons why the user of copyright filters should not be allowed, encouraged or mandated on U.S. Internet Service Provider (ISP) networks. more

In Response to CADNA: Cybersquatting is Not Criminal But a Civil Matter

The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter... more

EU Lawmakers Call for Further Talks to Strengthen Proposed US Data Transfer Pact

EU lawmakers are pushing for additional negotiations to strengthen a proposed data transfer agreement between the European Union (EU) and the United States. They argue that the current agreement still has shortcomings that must be addressed. The potential delay in reaching an accord is concerning for the thousands of companies that rely on the agreement. more

ACLU Released Guide for Developers on How to Respond to Government Demands That Compromise Security

It is not uncommon for government agents to force technology companies to create or install malicious software in products in order to help them with surveillance. The American Civil Liberties Union (ACLU) has released a guide for developers that is intended to help preserve security and customers' privacy. more

U.S. Lawmakers Wary of Kaspersky Lab, the Russian Cybersecurity Firm

U.S. Congress is growing increasingly suspicious of the popular Russian anti-virus software provider, Kaspersky Lab. more

Understanding the Brazilian Court Decision to Arrest Google’s Representative

Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content. A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated, specially those at the EFF website. more

ICANN vs. the Federal Reserve

The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

Yahoo Agrees to Pay $50M and Other Costs for the Massive Security Breach Disclosed in 2016

Yahoo today announced it has agreed to pay $50 million in damages and will offer two years of free credit-monitoring services to 200 million people whose email addresses and other personal information were stolen as part of the massive security breach. more

Google’s Simple Home Page Now Patented

Ryan Tate of Valleywag writes: "After a five-and-a-half-year fight, Google and its attorneys have managed to convince federal bureaucrats to bestow a patent on the company's iconic home page. We always thought the page was brain-dead simple, but apparently it's an innovative 'graphical user interface. ...In other words, subject to how the patent is enforced, Google owns the idea of having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby." more

Domain Name Disputes Doubled Since 2003, Origin of Most Cases in US

Domain name disputes have been on steady rise for the past several years and have more than doubled since 2003. As reported today by Pingdom, while there was a period between 2000 and 2003 when the number of domain dispute cases declined, they have been continuously increased since 2003 with most cases involving more than one domain name. more