Privacy

Coming to Grips with an Internet that Never Forgets

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

Cloud Computing and Privacy

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

Important New Jersey Supreme Court Decision in Internet Privacy

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

If ICANN’t Keep a Contract, Let the Public Enforce It

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

Europeans Moderate GAC Principles, But…

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

ISOC-NY Panel: The Future of WHOIS Policy (Webcast)

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: Conference Notes

"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

Internet Governance: Analogue Solutions to Digital Problems

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

Reforming Whois

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

Person to Person Security and Privacy Infringement

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

CIRA Proposes New Standard for Domain Name Whois Privacy

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

DNS WHOIS: Barking Up the Wrong Tree

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

Internet Meltdown?

Is the internet on the verge of a meltdown? A non-profit organization, People For Internet Responsibility (PFIR), is concerned that there is the risk of "imminent disruption, degradation, unfair manipulation, and other negative impacts on critical Internet services..." PFIR believes that the "red flag" warning signs of a potential meltdown include "attempts to manipulate key network infrastructures such as the domain name system; lawsuits over Internet regulatory issues... ever-increasing spam, virus, and related problems..." more

Can Technology Can Spam?

It seems to be impossible to implement a law against spam - unsolicited bulk email - without making a hash of it. At best, anti-spam laws are ineffective; at worst, they cause more problems than spam itself. Can technology fare any better? ...But despite this flurry of initiatives, we are yet to see a definitive answer to the spam problem. An Anti-Spam Technical Alliance has been formed by Microsoft, America Online, Yahoo! and EarthLink, but these companies continue to proffer competing solutions. Meanwhile, the technology being deployed in the spam wars is causing collateral damage, in the form of 'false positives' - email that is incorrectly categorised as spam, and so never reaches its intended recipient. more

Governments and Governance

A United Nations task force recently held a two-day workshop on the question of who governs the Internet. U.N. Secretary General Kofi Annan challenged those of us present to ensure that the Internet and the World Wide Web support "the cause of human development."
Following in the long-standing tradition of skepticism about governments in the Internet community, some in the technical community and the Internet's chattering classes view the concerns expressed by the United Nations and countries such as Brazil, India and others, as a threat to the operation of the Internet itself. This article was originally published at CNET News.Com on April 6, 2004. more