In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more
This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more
Huawei has filed a legal motion in the United States federal court calling for the ban to be declared unconstitutional and deemed an assault on global human rights. more
A U.S. district court judge rules that Qualcomm violated anti-trust laws and has ordered the chip maker to change some of its licensing and negotiation practices. more
With the first anniversary of the European Union's General Data Protection Regulation (GDPR) approaching in just a few days, Microsoft's Corporate Vice President and Deputy General Counsel, Julie Brill says GDPR has been an important catalyst for progress in privacy protection around the world. more
In December 2018, a bill on the "stable operation" of the Russian segment of the Internet was introduced and got the title "Sovereign Runet" in mass media and among the public. It was adopted after 5 months later, despite doubts about the technical feasibility of its implementation. The law is very ambitious in its intent to simultaneously control Internet traffic and protect Runet from some external threats, but legislators still have no idea how it would actually work. more
At hearing on Wednesday, the U.S. Federal Trade Commission (FTC) urged Congress to pass data privacy legislation and enhance its authority to police large tech companies. more
Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more
Last year Europe imposed GDPR, arguably the world's toughest standard for data privacy and now, a year later, there has yet to be any enforcement action against a big tech firm. more
The UK government on Wednesday announced plans to introduce new laws for internet connected devices to better enforce the inclusion of basic cybersecurity features into IoT devices. more
The Canadian government released a statement saying "Facebook committed serious contraventions of Canadian privacy laws and failed to take responsibility for protecting the personal information of Canadians." 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
There are some who see the regulation of social media platforms as an attack on the open internet and free speech and argue that the way to protect that is to let those platforms continue to self-regulate. While it is true that the open internet is the product of the same freedom to innovate that the platforms have sprung from, it is equally the product of the cooperative, multi-stakeholder organisations where common policy and norms are agreed. more
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