I firmly believe that we need to protect any form of intellectual properties (IP) built by one through hard and honest work. At the same time, I also believe that several of the current methods of protecting IP, such the as the copyright laws, patent systems and legislations, are not evolving fast enough in order to protect IP and avoid hindering the path of creativity and innovation. more
TechDirt reviewed the affidavit filed by the United States Department of Homeland Security's Immigration and Customs Enforcement division when seizing various hip-hop and bittorrent-related domain names recently, and discovered some very deep misunderstandings of how content appears on web sites. more
Website publishers that want to protect themselves against claims of copyright infringement must participate in a new online registration system created by the U.S. Copyright Office for the Digital Millennium Copyright Act ("DMCA") -- even if they have participated previously. The new program, launched on December 1, 2016, offers a mandatory online registration system for the DMCA that replaces the original (and clunky) "interim" designation system, which was created in 1998. more
It has been reported that Jay Westerdal, CEO of ‘.feedback’, has confirmed the registry has cured the breached in response to ICANN ruling reported last month. more
In a court case running since 2007 Australia's High Court judged Google not responsible for the content of paid ads it presented after an end user's search request. In the example Reuters gives a car sales company presented itself under the name of a car brand, thus misleading the end user. The Australian Competition and Consumer Commission (ACCC) deemed this misleading advertising by Google and stared a court case. The High Court judged differently. more
The General Data Protection Regulation (GDPR) was adopted in 2016 and has since become the global standard for privacy regulation. The GDPR has been a watershed moment in tech regulation, requiring companies to ask for consent to collect data online and threatening hefty fines if they don't comply. more
As unusual as it may be for a lawyer to speak at a IETF meeting, Ian Walden gave a lecture on Data Protection Directives and updates thereof. He said they affect some 90 jurisdictions. A difference between email addresses and cookies - the latter are the main subject of the January 2012 update of the directives - is that after more than a decade of enforcement, specific browser extensions may allow users to browse what cookies they have, while no record states whom they conferred their email addresses to. more
Recently I was reminded of the words, "responsibilities and service to the community." To individuals involved in internet governance, these words should be well known. But have we lived by the code exemplified by these words? Have we lived up to the high standards that they represent? I have always been a student of history because it never fails to show me that humanity, on many occasions, tends to repeat the same mistakes. more
In a significant escalation against piracy, a French court has ordered Google, Cloudflare, and Cisco to tamper with their DNS resolvers to block access to approximately 117 pirate sports streaming domains. more
It was predictable, and inevitable, I suppose, that the end game of a search for a more accountable ICANN would devolve to a lawyer's contest. When there is money on the table, and when global politics are invoked to one degree or another, it is the lawyers who are tasked to translate lofty goals into precise words on paper that will survive the inspection of judges and courts. And ambitious politicians as well. more
Last Month at the NETMundial meeting in Brazil, representatives from governments, private sector, civil society, the technical community and academia met to debate the key principles on which the Internet should evolve. The meeting culminated in a supporting the principles of a decentralized and multistakeholder (ie: non-governmental) driven Internet ecosystem, committed to principles of openness, fairness, accessibility, security and safety. more
The Senate Appropriations Committee just reported out on June 5th its version of the Commerce-Justice-State Departments Appropriations bill for FY 15. In the course of its deliberations it added a consensus amendment on the IANA transition offered by Sen. Mike Johanns (R-NE)... Parsing the amendment's language, the requirement that NTIA conduct a thorough review and analysis of any proposed IANA transition plan amounts to telling it to do its job properly; implicit in this requirement is that the analysis be shared with Congress. more
History, it has been said, repeats itself. The same can be said of domain name disputes, as demonstrated by a pair of cases involving the same trademark ("Panavision") filed more than 20 years apart with remarkably similar facts. I can't hear the name "Panavision" without thinking about the origins of domain name disputes, so a decision involving panavision.org - coming more than two decades after litigation commenced over panavision.com - immediately made me nostalgic. more
The UK's Online Safety Bill has received Royal Assent and is now officially the Online Safety Act. This law mandates tech companies to incorporate new standards for the design, operation, and moderation of their platforms. more
Last week, the House and Senate both passed a joint resolution that prevent's the new privacy rules from the Federal Communications Commission (FCC) from taking effect; the rules were released by the FCC last November, and would have bound Internet Service Providers (ISPs) in the United States to a set of practices concerning the collection and sharing of data about consumers. The rules were widely heralded by consumer advocates, and several researchers in the computer science community, including myself, played a role in helping to shape aspects of the rules. more
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