Analysis could also affect liability of enterprises using cloud computing technologies... Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival. more
One of the throwaway remarks I sometimes make at conferences is that "Google knows you're pregnant before you do". I can say this because the things you search for will change as your life changes, and search engine providers may well be able to spot the significance of these changes because they aggregate data from millions of people. Now Google's philanthropic arm, google.org, has shown just what it can do with the data it gathers from us all by offering to predict where 'flu outbreaks will take place in the USA. more
The Open Net Initiative's Information Warfare Monitor project has published a stunning report by "Hacktivist" Nart Villeneuve titled: "Breaching Trust: An analysis of surveillance and security practices on China's TOM-Skype platform." It has been covered by both the New York Times and the Wall Street Journal... more
My weekly technology law column discusses the implications of an Internet that never forgets. I note that the most significant Internet effect during the current election campaign in Canada has not been any particular online video, website or Facebook group. Instead, it has been the resignation of eight Canadian candidates based on embarrassing or controversial information unearthed online. more
There has been a good deal of talk of late on the important topic of security and privacy in relation to cloud computing. Indeed there are some legitimate concerns and some work that needs to be done in this area in general, but I'm going to focus today on the latter term (indeed they are distinct -- as a CISSP security is my forte but I will talk more on this separately). more
The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more
Earlier in the Registerfly controversy, ICANN Vice President Paul Levins posted to the ICANN Blog: "ICANN is not a regulator. We rely mainly on contract law. We do not condone in any way whatsoever RegisterFly's business practice and behaviour." This is disingenuous. ICANN is the central link in a web of contracts that regulate the business of domain name allocation. ICANN has committed, as a public benefit corporation, to enforcing those contracts in the public interest. Domain name registrants, among others, rely on those contracts to establish a secure, stable environment for domain name registration and through that for online content location. more
A U.S.-led Task Force in ICANN's Governmental Advisory Committee (GAC) released version 3 of its "Whois Principles" in preparation for the ICANN meeting in Brazil, where it will be debated and finalized. European countries pushed back against U.S. Government efforts to stop ICANN from respecting privacy concerns in its handling of domain name registrant contact data... more
The Metropolitan NY Chapter of the Internet Society continued its popular series of public events at the Jefferson Market library in Greenwich Village with a panel discussion on WHOIS policy, moderated by Danny Younger. This is a contentious issue, involving tradeoffs between privacy, anonymity, and accountability. more
"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more
This is an overview of the booklet, "Internet Governance: Issues, Actors and Divides," recently published by DiploFoundation and the Global Knowledge Partnership. "Internet Governance is not a simple subject. Although it deals with a major symbol of the DIGITAL world, it cannot be handled with a digital - binary logic of true/false and good/bad. Instead, the subject's many subtleties and shades of meaning and perception require an ANALOGUE approach, covering a continuum of options and compromises." Update: This article was reposted with additional information and a new title. more
Now that we're into the New Year and deadline for public comment on the proposed new .CA whois policy nears and now that my term as a CIRA Director enters its home stretch, I wanted to take some time to elaborate further on my Unsanctioned Whois Concepts post from long ago and revise it somewhat. more
IT security strategies invariably focus on maintaining impenetrable fortresses around computers and network systems. Firewalls, virtual private networks and anti-virus programs are the tools IT engineers use to create their digital security. Sophisticated defense systems can be very effective at keeping the obvious attackers at bay, yet they often create a false sense of security because the real attacks, the kind that inflict irreparable damage on a system or network, avoid the obvious routes into the secure fortress. more
The Canadian Internet Registration Authority (CIRA) has announced its proposed policy to provide all dot-ca domain name holders with increased privacy safeguards, bringing it in line with recently-enacted Canadian privacy laws. more
As the Internet has grown and matured, it has become obvious to everyone involved that the DNS Whois system, as it currently exists, is not a sustainable way to share contact information for resolving network problems. ICANN, in an attempt to save DNS Whois, has plunged head long into the process of developing new policies aimed at fixing it. While I respect all of the hard work that has gone into this process, the results thus far have only made it clearer that this system faces intractable problems. more