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Lessons From an E-Voting Debacle

There has been a significant focus over the past two years on the vulnerability and cyber threat risks faced for voting systems at the local level. That focus has typically been on State and local jurisdictions like cities, counties and towns, and resulted in the creation of the DHS Elections Infrastructure Information Sharing and Analysis Center (ISAC) to assist. However, there are other local governance entities at significant risk as well. more

China to Require Face Scan for Internet Access and New Phone Numbers Starting December

Chinese citizens will be required to let telecommunications carriers to scan their faces in order to sign up for internet access or to get a new phone number. more

Dead Ends: The Achievement of Consensus in UDRP Jurisprudence

Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more

US Court Upholds FCC’s Net Neutrality Repeal But Says States Can’t Be Barred from Passing Own Rules

A U.S. court decision today determined net neutrality laws could return at the state level overruling Trump administration's effort to block states from passing their own net neutrality laws. more

Internet Consolidation at EuroDIG 2019: Questions in Need of Answers

At EuroDIG 2019 a workshop was organised around the topic of consolidation on the Internet. It was organised around four angles: technique, competition, society and human rights and; future research. One thing became extremely clear: no one contested that consolidation is taking place nor that this already has and will have an impact on the Internet and consecutively on society. more

What is a Security Mechanism?

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

IGF Best Practice Forums, an Opportunity to Bring Your Experience to the Policy Debate

In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more

51 CEOs Call on US Congress for Urgent Nationwide Data Privacy Law Overriding State-Level Laws

A letter, signed by 51 CEOs, was sent to U.S. House and Senate and leaders of other committees today urging policymakers to pass a comprehensive national data privacy law. more

Recovering Domain Names Lost to Fraudulent Transfer

Domain Names composed of generic terms and combinations – dictionary words, random letters, and short strings – have achieved ascending values in the secondary market. DNJournal.com (Ron Jackson) reports on his year to date chart, for example (just a random sampling from the charts) in August 2019 joyride.com was sold for $300,000, in June voice.com sold for $30 million, in July rx.com sold for $1 million, and in January california.com sold for $3 million... The magnitude of the reported sales suggests that businesses have come to depend on resellers than go to the trouble of inventing brand names from scratch. more

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China’s .cn

WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more

Domain Name Registrar Isn’t Liable for Counterfeit Goods – InvenTel v. GoDaddy

InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round of litigation involving a new counterfeit site allegedly by the same bad guys, www.hdminorcarnbuy.com, a domain name registered via GoDaddy. more

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

New Zealand's Domain Name Commission (DNC) wins in court against the US company DomainTools for "illegally scrapping personal information" of .nz domain name owners. more

GDPR Fine Enough or More Disclosure?

The UK cares about its citizens' privacy to the tune of a $229 million (US) fine of British Airways for a breach that disclosed information of approximately half a million customers. It's exciting -- a significant fine for a significant loss of data. I think GDPR will lead to improved security of information systems as companies scramble to avoid onerous fines and start to demand more from those who provide information security services and products. more

EU Court of Justice Ruling Could Result in Cutting Off Data Flows to US

EU holds an eight-hour-long hearing taking an extensive look at whether US surveillance practices break European data protection laws. more