Law

Law / Recently Commented

Internet: Government Dominance or Governance?

In an age where the world has gone global in many forms and guises, the political attention is more and more focussed on national, populist issues, that arise from fear for the unknown. I can't deny it: the future undoubtedly contains many uncertainties. This usually comes with a general public that's afraid and in fear of things they cannot oversee. Thus it is easily aroused by a populist leader who feeds on this fear and throws flammable material on the already smouldering fire. In a time where leadership is called for, it seems lacking. The Internet governance discussion demands visionary leadership on a cross border level and it needs it soon. more

Automated Theft of Intellectual Property

A few days ago I wrote about a piece of my intellectual property, an article I wrote and posted on DaileyMuse.com, being stolen, plagiarized, and posted on another web site under a different authors name. I hadn't been looking for my work elsewhere, I was simply browsing the access logs and visiting other websites that stood out. As a result of finding my work posted elsewhere without my permission, I contacted the owner of the website by email and provided 24 hours to remove the content before I pursued legal action. more

War of Words - the gTLD Weaponry

Why would the Association of National Advertisers (ANA), representing 400 member organizations and their 10,000 brands that spend $250 billion annually, be so wrong about ICANN's generic top-level domain (gTLD) program? They're complaining as if new gTLDs are being sold overnight in dark alleys with a no questions asked policy in exchange of a large suitcase filled with newly printed currency. This is definitely not the case, so what did they miss? more

Independence and Security Online Have Not Yet Been Won

As we, here in the United States celebrate our independence this Fourth of July, we are reminded that the liberties and freedoms that come with that independence have yet to be won online. As citizens of this country we are blessed with safety and security from threats both foreign and domestic, but those guarantees have not yet extended to our citizenship in the global Internet community. This is true not just for American citizens, but for all Internet users throughout the world. more

Is Internet Part of the Curriculum of Universities?

Recently I joined my son, who is in his final high school year, to visit the open day of the newly founded Leiden University College in The Hague. The school focuses on Liberal Arts & Science and offers a broad education on (international) politics, philosophy and economy. The idea is to prepare the next generation internationally oriented public servants and leaders of the future. Among others they have former Dutch Minister of Foreign affairs and Secretary General of NATO Jaap de Hoop Scheffer as a college professor. more

Experts Urge Congress to Reject DNS Filtering from PROTECT IP Act, Serious Technical Concerns Raised

A group of leading DNS experts have released a paper detailing serious concerns over the proposed DNS filtering requirements included as part of the bill recently introduced in the U.S. Senate named Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 ("PROTECT IP Act"). The group who is urging lawmakers to reconsider enacting such a mandate into law, includes leading DNS designers, operators, and researchers, responsible for numerous RFCs for DNS, publication of many peer-reviewed academic studies related to architecture and security of the DNS, and responsible for the operation of important DNS infrastructure on the Internet. more

University of California Identifies the Next Hard Target in a Never Ending War

This is, of course, about the recent NYT article that showcases the results of Prof Stefan Savage and his colleagues from UCSD/Berkeley. As my good friend and longtime volunteer at CAUCE, Ed Falk, points out, this is a great find, but hardly a FUSSP. The nice thing about the fight against bots and spammers is these little victories people on "our" side keep having in an endless series of skirmishes and battles... more

Slippery Slope

Last week, I visited Budapest to deliver a speech at the ICANN Studienkreis, an annual conference where experts study and address some current issues relating to Internet governance. I discussed how the Internet is on a slippery slope. Starting with the legitimate concern over how to deal with cybersquatters, we have moved to an unreasonable focus on legal control of Internet content and the domain name system. more

Corporate Domain Registration Practices in Light of New gTLDs

For years, corporate domain name administrators have scoffed at every new second-level and third-level country code Top-Level Domain (ccTLD) liberalization, and rightly so. Until recently, most had continued the practice of registering significant numbers of variations, misspellings and typo-squats. While I have never encouraged the practice of registering every variation in every geography, as this becomes prohibitively expensive over time... With what seems to be the imminent launch of hundreds of new TLDs as a result of ICANN's new initiative, companies appear to be saying enough is enough, and meaning it. more

Why the Fukushima Analogy Was Apt

A few days ago, CAUCE published a blog post entitled "Epsilon Interactive breach the Fukushima of the Email Industry" on our site, and the always-excellent CircleID. A small coterie of commenters was upset by the hyperbolic nature of the headline. Fair enough, an analogy usually has a high degree of probability that it will fail, and clearly, no one has died as a result of the release of what appears to be tens of millions of people's names and email addresses. But, the two situations are analogous in many other ways, and here's why. more

.WHO Top-Level Domain Could Be a Bad Idea

Yesterday, taking a look at the "Legal Rights Objection" (3.1.2.2) I read : "An intergovernmental organization (IGO) is eligible to file a legal rights objection if it meets the criteria for registration of a .INT domain name". Taking a look at registered .INT domain names, I found Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal... more

Garth Bruen Discussing Whois, DNSSEC and Domain Security

NameSmash has interviewed Garth Bruen, Internet security expert and creator of Knujon, on some key issues under discussion during the recent ICANN meetings in San Francisco. Topics include Whois, DNS Security Extensions (DNSSEC) and generic Top-Level Domains (gTLDs) -- issues of critical importance particularly with ICANN's expected roll-out of thousands of new gTLDs in the coming years. more

Epsilon Interactive Breach the Fukushima of the Email Industry

A series of attacks on the Email Service Provider (ESP) community began in late 2009. The criminals spear-phish their way into these companies that provide out-sourced mailing infrastructure to their clients, who are companies of all types and sizes. ... On March 30, the Epsilon Interactive division of Alliance Data Marketing (ADS on NASDAQ) suffered a massive breach that upped the ante, substantially. Email lists of at least eight financial institutions were stolen. more

Mooning the Porn Stars

Steve DelBianco did a great job of discussing the rocky relationship between ICANN's Government Advisory Committee (GAC) and the Board of Directors, in his piece entitled ".XXX Exposes the Naked Truth for ICANN". I've been keeping an eye on the adult industry press to see what their reaction is to the .XXX debacle. But before we start, let's get something out of the way. more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. more