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The Communications Decency Act has been described as the greatest Internet law. The first major Internet law designed to censor the Internet actually enabled the interactive Internet. While the censorship provisions of the Communications Decency Act went down in unanimous supreme court flames, a separate provision remains standing. The Good Samaritan provision of the CDA (47 U.S.C. § 230) declared that networks and online services are not publishers and therefore are not liable for the content of third parties. more
The long-waited cybersecurity executive order expected to launch sweeping reviews of the federal government's digital vulnerabilities, was signed today by President Trump. more
As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more
How many domain names can be included in a single complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP)? Neither the UDRP policy nor its corresponding rules directly address this issue, although the rules state that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder." more
In an increasingly global environment, the Internet infrastructure industry faces a diverse set of serious issues that we as an industry need to address together. To look at these concerns, an area of focus for the Internet Infrastructure Coalition (i2Coalition) has been best practices for our industry. Our approach to developing best practices encapsulates three areas, always with the goal of striking the right balance between security, safety and privacy: working with experts and industry professionals; identifying like-minded partners; and fostering the growth of the Internet economy. more
Celebrating the 30th anniversary of the internet Berners-Lee, the father of the internet, reiterated his suggestion for a radical change, which would improve the functionality of the internet for the benefit of society. He suggests a sort of refoundation of the web, creating a fresh set of rules, both legal and technical, to unite the world behind a process that can avoid some of the missteps of the past 30 years. While this most certainly would be an excellent development, I am rather pessimistic about a rapid implementation of such a radical change more
In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more
According to the official news agency, Xinhua, implementation of China's controversial Cybersecurity Law will begin on June 1, requiring strict data surveillance and storage for companies operating in the county. more
Orin Kerr recently blogged about a 9th Circuit decision that held that scraping a public web site (probably) doesn't violate the Computer Fraud and Abuse Act (CFAA)... On its surface, it makes sense – you can't steal something that's public – but I think the simplicity of the rule is hiding some profound questions. One, I believe, can most easily be expressed as "what is the cost of the 'attack'"? That is, how much effort must someone expend to get the data? Does that matter? Should it? more
Trump and his enablers are well known to disrespect if not disdain legal systems, including public international law. He has effectively abrogated every treaty instrument relating to international communications at the whim of a tweet. His behavior has dishonoured the USA in a way that will take years to remedy. Trump's actions to ban access to Android Operating System updates on Chinese products have significantly harmed cybersecurity worldwide. more
The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. more
When the scale of global surveillance carried out by the NSA (USA) and by the GCHQ (UK) was exposed by Edward Snowden through The Guardian, people around the world were shocked to discover how two established democracies routinely resort to methods that they have long deplored -- and rightly so -- in dictatorships, theocracies and other single-party arrangements. In a previous article, I lamented the fact that by carrying out this surveillance on an unprecedented scale, the US and the UK are, in fact, converging with the very regimes they criticize. more
Brian Krebs reporting in Krebs on Security: "Half of all 'rogue' online pharmacies -- sites that sell prescription drugs without requiring a prescription -- got their Web site names from just two domain name registrars, a study released today found. The findings illustrate the challenges facing Internet policymakers in an industry that is largely self-regulated and rewards companies who market their services as safe havens for shadowy businesses." more
The long-running saga of victims who are pursuing 'state sponsors of terrorism' via ICANN has taken yet another turn. Some time back the Plaintiffs in Rubin & ors -v- Islamic Republic of Iran & ors managed to obtain Writs of Attachment in the Federal court district in Washington (D.C.) courts ordering that the ccTLDs of those respective countries be seized in part-payment of the damages they are owed. ICANN, fairly predictably, became involved at this point. more
Turkey's Parliament has passed a bill that includes controversial arrangements concerning the protection of online privacy despite concerns raised by the European Union as well as Turkish NGOs and opposition parties, according to a report today by Turkey's Daily News. more
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