Law

A to Z on Internet Policy and Regulation – Brazil 2022

Time has come again, another year of general elections in Brazil. Some 30,000 candidates are running for Executive and Legislative seats: 1 President, 27 State Governors, 27 Federal Senators, 513 Federal Deputies, 1059 State Deputies, 24 District Deputies to govern 212+ million people and one of the largest economies in the world. For a few lucky industries, success and failure do not correlate with who is in power; for others, policy and regulation are everyday business. more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more

We Must Keep Track of How Countries Will Confront Cybercrime in a New UN Convention

As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more

Regulating Magic: Why We Need to Establish a Regulatory Framework for Quantum Computing and Artificial Intelligence

The promises of quantum computing, artificial intelligence, and other advancing technologies sound like magic. However, even magic is subject to the laws of economics. And even quantum computers are “legal things…technological tools that are bound to affect our lives in a tangible manner,” as Valentin Jeutner explains in The Quantum Imperative: Addressing the Legal Dimension of Quantum Computers. Analogous to Asimov’s Three Laws of Robotics, Professor Jeutner proposes a three-part “quantum imperative,” which “provides that regulators and developers must ensure that the development of quantum computers. more

ICANN Is Violating Its Legal Agreements with the U.S. Government – Who’s Next?

In April, I published an article, The Multistakeholder Moment of Truth: Will Stakeholders Hold ICANN Accountable?, alerting stakeholders that ICANN is violating its legal agreements with the U.S. Government -- namely the InterNIC licensing agreement and merged Memorandum of Understanding. At that time, I warned that it is essential for stakeholders not to remain silent in the face of this transgression, "hoping that such behavior left unchecked will end of its own accord." more

Anticompetitive and Predatory Misconduct by ICANN and Contracted Parties Must End

On May 26, 2021, I submitted a complaint to ICANN's Complaints Officer, Krista Papac. In a nutshell, my complaint centers on ICANN's blatant violation of its Bylaws, specifically Section 2.2, named Restrictions, which expressly prohibits ICANN from acting as a registrar. However, despite the absence of any exceptions to this unambiguous prohibition, ICANN is acting improperly as a registrar for the purposes of warehousing and cybersquatting on certain domain names in the .com and .net registries. more

The Supreme Court Decides that Compatible Software is Still Legal

Back in the 1980s, everyone used the Lotus 1-2-3 spreadsheet on their PCs. In 1989, Borland released a competitor, Quattro Pro. It used the same menu commands as 1-2-3 so that users could import their 1-2-3 spreadsheets with keyboard macros. Lotus sued Borland, and after a loss in the district court, Borland won on appeal, arguing that the keyboard commands are a "method of operation" and not subject to copyright. Lotus appealed to the Supreme Court... more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

ICANN Must Release the Single-Character .com Hostages from the IANA Impostor’s Warehouse

Most of the single-character .com labels were initially registered in 1993 by Dr. Jon Postel while performing work pursuant to a contract with, and funded by, the U.S. government and are currently assigned to a "shell registrar" created and controlled by ICANN. This shell - which is the 376th entry on ICANN's list of accredited registrars - is misleadingly identified as the IANA registrar while being engaged in the illicit warehousing of domain names for speculative purposes. more

The Future of Europe’s Fight Against Child Sexual Abuse

Like much of how the Internet is governed, the way we detect and remove child abuse material online began as an ad hoc set of private practices. In 1996, an early online child protection society posted to the Usenet newsgroup alt.binaries.pictures.erotica.children (yes, such a thing really existed) to try to discourage people from posting such "erotica" on the assumption that the Internet couldn't be censored. more

Facebook Stays, Everybody’s Happy, but Nothing Has Changed

After some turmoil, Facebook won the war with the Australian Government as the necessary changes were made to the legislation that avoided them needing to change their business model. Those subtleties are lost in the general press. What counts for the popular media is that they were able to spin some great stories around the fact that Australia stood up to the giants. That brought international attention, which boosted the ego of Australian Prime Minister Scott Morrison. more

Cybersecurity Tech Accord: 98% of Registrar Whois Requests Unrequited

When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action. more

Emergence, Rise and Fall of Surveillance Capitalism, Part 2: Rise and Fall

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

EU Rulings on Geo-Blocking in Digital Storefronts Will Increase Piracy Rates in the Developing World

For the longest time, it was an insurmountable challenge for those in the developing world to be able to afford to legally consume multimedia products. Prices originally set in Dollars, Euros or Yen often received insufficient adjustments to compensate for lower incomes, something that was compounded by local import or manufacture taxes that did little to alleviate matters. more