Law

German Court Holding Domain Registrar Responsible for Its End User Actions

A German appeals court has held a German domain name registrar (Key Systems) responsible for issuing a domain name to H33t, a torrent-tracking site. The case was appealed, but the appeals court upheld the lower court ruling. more

Colombia Avoids $350 Million Lawsuit Over “.co” Domain Dispute

Colombia has successfully defended itself against a $350 million lawsuit filed by U.S. company Vercara, formerly known as Neustar, in a legal battle over the management of the ".co" internet domain. more

Differing UDRP Decisions Show That Facts Matter

"Past performance does not necessarily predict future results." That's what the U.S. Securities and Exchange Commission requires mutual funds tell investors. But it's also true about domain name disputes. Cases in point: In four recent proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), the operator of a large bank won two decisions but lost two others, despite a track record of having won more than 30 previous UDRP disputes. more

Ransomware Crime Bill Goes into Effect in the State of California

As of January 1, the delivery of ransomware is illegal in California as per Senate Bill 1137 going into effect. more

The Sharing Economy and Sec. 230(c) of the Communications Decency Act

The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is the clash between Airbnb and local jurisdictions. San Francisco implemented a local ordinance that permits short-term rentals on the condition that the rental property is registered. In order to register the property, the resident must provide proof of liability insurance... more

Geist on the Bodog.com Seizure Case

Reporting further on the recent Bodog.com domain name seizure case based on gambling charges, Michael Geist writes: "In the Bodog.com case, U.S. officials targeted a site with limited connections to the country as the site had licensed out the bodog.com domain name in 2006 and stopped accepting U.S. bettors late last year. The legal issues surrounding its operations will be played out in court, but the manner in which the bodog.com name was seized could have a lasting impact on Internet governance." more

When CDA Immunity is Not CDA Immunity

Here's a question: If 47 USC 230(c) (the Good Samaritan provision of the Communications Decency Act) says that online services are not liable for third party content, then can you even sue the online service? Shouldn't the online service be immune from lawsuit? Because, after all, what would be the point of being sued for something for which you cannot be liable? more

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more

When ‘Confusing Similarity’ in UDRP Cases Gets Confusing

The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more

Fraudsters Using Bogus and Legitimate Recruitment Sites to Con Job-Hunters Into Laundering Money

Reported today on BBC: "Police chiefs are urging people looking for work during the recession to be alert to online scams that trick them into laundering money. The Serious Organised Crime Agency (Soca) says websites are currently being used to recruit 'money mules'. The 'mules are ordinary people who send and receive payments through their bank accounts to facilitate business." Neil Schwartzman has also informed us of a related report by RSA FraudAction Research Lab based on several months of tracking various reshipping scams engineered by online fraudsters. more

Why the Republican Policy Brief on Copyright Should Have Been Withdrawn

On November 16, the Republican Study Committee, a caucus of conservative Republican members of the U.S. House of Representatives, inadvertently released a policy brief entitled "Three Myths About Copyright Law" which was quickly withdrawn. Of course, as a work of the U.S. government, this document does not itself enjoy copyright protection, so it is widely available on the internet through groups like The Internet Archive project. more

Luddites of the 21St Century Unite? (Revisited)

In the winter of 2014 I wrote a blogpost under the title 'Luddites of the 21st century unite?' (read here). In the post I wondered where the 21st century Luddites were. ICT, automation, artificial intelligence all threatened jobs, yet all those affected embraced smartphones and the Internet in droves. It seems I found them, but what to do? Brexit and Luddites Fast forward to early summer 2016. more

Open Internet Access on the Line in Brussels

This summer EU regulators are finalizing their guidelines for member states on legal protections for wired, wireless and mobile open Internet access service. European citizens, businesses and NGOs have one last chance to make their voices heard on the so-called "net neutrality" guidelines by writing a comment for Body of European Regulators of Electronic Communications (BEREC) by July 18. more

Research Group Releases International Law on Cyber Warfare Manual

The newly released handbook applies the practice of international law with respect to electronic warfare. The Tallinn Manual on the International Law Applicable to Cyber Warfare -- named for the Estonian capital where it was compiled -- was created at the behest of the NATO Co-operative Cyber Defence Centre of Excellence, a NATO think tank. It takes current rules on battlefield behaviour, such as the 1868 St Petersburg Declaration and the 1949 Geneva Convention, to the internet, occasionally in unexpected ways. more

U.S. Senators Introduce SEC Cybersecurity Disclosure Legislation

U.S. Senators Jack Reed (D-RI) and Susan Collins (R-ME) have introduced the bipartisan Cybersecurity Disclosure Act of 2015 on Thursday, a bill that seeks to encourage the disclosure of cybersecurity expertise, or lack thereof, on corporate boards at publicly traded companies. more