Law

ACCC Loses Court Case: Google Not Responsible for Content Paid Adds

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

Review Your Email Forwarding Practices

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

The ICANN Accountability End Game

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

Outcome from NETMundial Meeting in Brazil Largely Seen as Positive for Business

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

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted. more

Which Way Does Your Data Flow?

Data may be moving to the cloud, but understanding the physical geography underlying the cloud is becoming increasingly critical. October's decision by the European Court of Justice, striking down key portions of the Safe Harbor rules that some companies had relied on to legally transfer personal data between Europe and the U.S., was only the latest example of the regulatory uncertainty involved in cross-border data flows. While Internet companies have begun to address challenges at the static geographic points where data is resident, understanding the actual paths that data travels is an important and sometimes overlooked part of the compliance analysis. more

Can Large Language Models Use the Contents of Your Website?

Large Language Models (LLM) like GPT -- 4 and its front-end ChatGPT work by ingesting gigantic amounts of text from the Internet to train the model and then responding to prompts with text generated from those models. Depending on who you ask, this is either one step (or maybe no steps) from Artificial General Intelligence, or as Ted Chiang wrote in the New Yorker, ChatGPT Is a Blurry JPEG of the Web. more

Senate Appropriators Add IANA Language As House Requests GAO Study and Civil Society Opposes Shimkus

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

Dissecting the (Likely) Forthcoming Repeal of the FCC’s Privacy Rulemaking

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

Domain Name Disputes Deja Vu: Panavision.com and Panavision.org

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

Paths of Glory: Privacy Still Matters

The world has changed dramatically for the better over the last 15 years, mainly due to the commercialization of the Internet. That is what I would like to believe. Unfortunately, I am no longer sure. True, the Internet connects all of us with every corner of the world... For the rest, the times may be changing, because there are those who believe that the Internet should be molded to fit those same old bureaucracies and corrupted institutions that have plagued humanity for decades, if not centuries. The solution, many times, feels far out of reach. more

The Price of Lack of Clarity

As anyone reading this blog, assuredly knows, the world is in the grip of a deadly pandemic. One way to contain it is contact-tracing: finding those who have been near infected people and getting them to self-quarantine. Some experts think that because of how rapidly newly infected individuals themselves become contagious, we need some sort of automated scheme. That is, traditional contact tracing is labor-intensive and time-consuming - a time we don't have. more

Why Cancel a Domain Name in a UDRP Case?

While the most common results of a UDRP proceeding are either transfer of a disputed domain name to a complainant or denial (that is, allowing the respondent to retain it), there is another possible outcome: cancellation. I'm always surprised to see a UDRP decision in which a domain name is cancelled. True, many trademark owners don't really want to obtain control of a disputed domain name (and, instead, they simply want to get it taken away from a cybersquatter). more

Problems With the Burr-Feinstein Bill

What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside -- I and my co-authors have written on those before -- this bill has many other disturbing features. (Note: I've heard a rumor that this is an old version. If so, I'll update this post as necessary when something is actually introduced.) One of the more amazing oddities is that the bill's definition of "communications" (page 6, line 10) includes "oral communication", as defined in 18 USC 2510. more

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more