Privacy

Is Whois Data Accuracy Enough?

The Whois Task Force of the Domain Name Supporting Organization (DNSO) has been consulting with registrars over the past few months on the Whois accuracy issue for law enforcement. The Task Force has enumerated three primary areas of interest: accuracy, uniformity, and better searching capabilities. When the registrars met with the Task Force in Shanghai, a fourth area of interest was also brought forward and advocated by many of the registrars at the meeting as paramount to the other three areas. This fourth area of interest was privacy. more

Invalid WHOIS Data: Who Is Responsible?

Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.  more

ICANN at Large Shanghais The At-Large Conversation

On October 28, as ICANN met in Shanghai, China for its regular board meeting, ICANN at Large held a lengthy meeting to address user concerns, particularly the disenfranchisement of the At-Large by ICANN, and the At-Large's self-organizing in response. The meeting was chaired by YJ Park, one of our Executive Panel Members, and was well attended. Attendees included ... more

Parsing Hype From Hope: Will ENUM Spark Changes In Telecom?

In the beginning there was silence; then, silence begat communication, and communication begat more communication and, ultimately, group communication formed and begat a primordial "network" of communication that gradually and inevitably increased in effectiveness and complexity: there were only signal fires at first but, then, there were cave drawings, carrier pigeons, shouting from hill-tops, smoke from fire, lines of cannon fire, the telegraph, Alexander Graham Bell, and, finally, the network of networks known as the Internet. But, is that it? Is there not something more impressive in its impact upon communication than the Internet? What more might one desire than the dynamic wonders of the Internet, you ask? Well, what about ENUM? "E-What!?" more

Rethinking Europe’s Cloud Future: Balancing Regulation and Innovation

European efforts to build independent cloud infrastructure face challenges from regulatory overreach and dependence on U.S. cloud providers. Some say that a balanced approach focused on collaboration and flexible standards will be needed to strengthen data sovereignty and foster regional growth. Eighty percent of corporate executives in Germany say that Europe's future prosperity will depend on secure and independent digital infrastructure. more

How Much Did the U.S. Wireless Carriers “Earn” From “Location Information Aggregators”?

The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more

An Extortionists Fire Sale of TikTok to a US Company Would Be Un-American and Futile

In the latest twist of the US-China spat, President Trump has his sights on TikTok, the short-form video-sharing platform and ByteDance subsidiary. On July 31, President Trump threatened to ban TikTok because it was a threat to US national security. On August 6, he made good on his threat when he signed an Executive Order to that effect. President Trump tightened the screws with an August 14 Executive Order requiring ByteDance to divest its assets in the US and destroy any TikTok data on its US users within 90 days. more

The Modern Encryption Debate: What’s at Stake?

The debate around encryption has become a hot topic in a world where communications are increasingly becoming digital. The modern encryption debate is a complex and nuanced issue, with many players from different backgrounds trying to influence the conversation. The question of balancing the need for national security with the right to privacy has been a matter of public debate for years. Only recently has the issue been framed in terms of encryption, but the discussion is certainly not new. more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

We Must Keep Track of How Countries Will Confront Cybercrime in a New UN Convention

As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more

Why Is the Client-Side Scanning a Concern for Encryption?

As today is the Global Encryption Day, I decided to make my first post here on this topic. About two months ago, Apple caused a controversy by announcing the adoption of a measure to combat the spread of Child Sexual Abuse Materials (CSAM). The controversy was so huge that, a month after its announcement, Apple decided to postpone its plans for the new features to have more time to gather information from the various stakeholders and implement improvements before releasing the measures originally announced. more

Where Did “Data Shadow” Come From?

Anyone who works in privacy is familiar with the term "data shadow": the digital record created by our transactions, our travels, our online activities. But where did the phrase come from? Who used it first? A number of authors have attributed it to Alan Westin, whose seminal book Privacy and Freedom (largely a report on the work of the Committee on Science and Law of the Association of the Bar of the City of New York) set the stage for most modern discussions of privacy.  more

Privacy, Legal vs. Natural Persons, and the Never-Ending ICANN EPDP

It has been just over 3 years since the General Data Protection Regulation (GDPR) came into effect, and the work within ICANN (type "EPDP 2a" into your acronym decoder ring) to develop a permanent Registration Data policy is progressing at a snail's pace. At issue is a proposed mandatory requirement for Contracted Parties (really just Registrars), to differentiate between "legal persons" (a fancy way of saying corporations and similar organizations) and "natural persons" (the kind that eat and breathe and schedule Zoom calls). more

Making the Platform Relationship Win-Win

CSC recently participated in an open discussion at the World Trademark Review's APAC WTR Connect, where we moderated a discussion with brand owners, Western Digital and PVH, and platform owner, Alibaba, on the topic: "Making the Platform Relationship Win-Win." How do brands define what a platform is? For the brand owners, a platform could be any distribution service of their products -- be it a traditional eCommerce marketplace like Alibaba or Amazon.com -- or other digital service enablers... more

Notes from the DNS Privacy Workshop at NDSS 2021

For many years the consuming topic in DNS circles was that of the names themselves. If you wind the clock back twenty years or so, you will find much discussion about the nature of the Internet's namespace. Why were there both generic top-level labels and two-letter country codes? If we were going to persist with these extra-territorial generic country codes in the namespace, then how many should there be? Who could or should manage them? And so on. more