Policy & Regulation

Canadian Government Quietly Pursuing New ISP Code of Conduct

If approved, the code would technically be voluntary for Canadian ISPs, but the active involvement of government officials suggests that most large providers would feel pressured to participate. The move toward an ISP code of conduct would likely form part of a two-pronged strategy to combat malicious software that can lead to cybercrime, identity theft, and other harms. First, the long-delayed anti-spam legislation features new disclosure requirements for the installation of software along with tough penalties for non-compliance.

Filtering the Internet Is Still a Bad Idea: DCA, ABC, and Steroid Searches

A few days ago, ABC News ran an "investigative" piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens Alliance. That group determined that some of the millions of available YouTube videos encourage steroid use and that YouTube (which is owned by Google) places ads next to steroid-related videos and search results. They argue that Google and YouTube should be held legally responsible for any illegal content linked or posted.

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here.

Domain Name Registrar Allows Completely Blank WHOIS

In a very casual and low-key footnote over the weekend, ICANN announced it would be further bypassing the Affirmation of Commitments and ignoring the WHOIS Review Team Report. There will be no enhanced validation or verification of WHOIS because unidentified people citing unknown statistics have said it would be too expensive... As a topic which has burned untold hours of community debate and development, the vague minimalist statement dismisses every ounce of work put in by stakeholders.

NJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in Washington and Tennesse)

Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its service, ran family-friendly chat rooms that it moderated in an effort to keep kids protected from unfortunate content. In a different Prodigy chat room, some unknown third party said something apparently bad about an investment firm Stratton-Oakmont. Stratton-Oakmont didn't like that very much, and sued.

ICANN Opens GNSO Whois Study on Privacy/Proxy Abuse for Comment

ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity."

ICANN and Your Internet Abuse

In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe...

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice.

Privacy and the Future: Are We Good Trustees of the Internet?

Recently I was reminded of the words, "responsibilities and service to the community." To individuals involved in internet governance, these words should be well known. But have we lived by the code exemplified by these words? Have we lived up to the high standards that they represent? I have always been a student of history because it never fails to show me that humanity, on many occasions, tends to repeat the same mistakes.

Wow. That’s a Lot of Reserved Names

ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries.