Freedom of Expression Part 1: Hate Speech, Linehan, Trans as a Protected Class in California

Graham Linehan was banned from Twitter last week. Graham Linehan is an Irish writer and creator of Father Ted and Black Books. Twitter closed Graham Linehan's account for tweeting "men aren't women though" which twitter perceived as "hate speech" and offensive to the Trans community. Context always shapes meaning, and so I thought it would be useful to explore how hate speech is interpreted in California and then to see how it is treated in Fiji. more

Cybersecurity Is Failing Big-Time and This Is Hard to Fix

It has become clear that having a big cybersecurity war room is not enough to deliver true end-to-end security throughout the complex networks, systems and structures on which our modern society is based. Furthermore, looking at the forever changing draconian government interventions in this space, it is also obvious that they are often stabbing in the dark. more

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

Many Libraries Still Have Slow Broadband

During the recent pandemic, many homes came face-to-face with the realization that their home broadband connection is inadequate. Many students trying to finish the school year and people trying to work from home found that their broadband connection would not allow them to connect and maintain connections to school and work servers. Even families who thought they had good broadband found they were unable to maintain multiple connections for these purposes. more

Japan Fueling China’s Leap to 5G, but for How Long?

As the U.S. is making it tough for American companies to help China roll out super-fast cellular networks, Japan, a U.S. ally, is fueling China with parts needed to blanket the nation with 5G cellular service. more

Marking the 30th Anniversary of the Internet and Cybersecurity Treaty

Next week on 1 July 2020 marks the 30th anniversary of one of the most significant treaty instruments in modern times. On 1 July 1990, the Melbourne Treaty came into force as the first and only global treaty that enabled worldwide internets and mobile networks to exist, together with the cybersecurity provisions designed to protect those infrastructures. The achievement remains as an enduring tribute to Richard Edmund Butler of Australia who was one of the most influential, and best-loved Secretaries-General of the ITU. more

Article 22 of the GDPR Should Not Preclude Contemplated Automation

There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more

Trust Binding

A few months ago, there was a lot of discussion that despite its claims, Zoom did not actually offer end-to-end encryption. They're in the process of fixing that, which is good, but that raises a deeper question: why trust their code? (To get ahead of myself, this blog post is not about Zoom.) If Zoom has the key but doesn't abuse it, there isn't a problem, right? Let's fast-forward to when they deploy true end-to-end encryption. Why do we trust their code not to leak the secret key? more

Top-Level Domain Bias in Search Engine Indexing and Rankings

As a search engine optimization (SEO) and domain name consultant, one of the questions I get asked most often about domain names is whether or not the domain name or TLD (Top-Level Domain) matters. Will the domain name ending have an effect on SEO or search engine rankings. Are certain domain name endings preferred by the search engines over other domain name extensions? I decided to answer this question... more

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  more

Can SpaceX Launch 30,000 Second-Generation Starlink Satellites? Maybe

The bottom line is that success is not guaranteed, but neither is failure -- there is a non-zero probability of success. On May 26th, SpaceX applied for permission to launch 30,000 "second-generation" Starlink broadband Internet satellites. (Note that the software on Starlink satellites is updated about once a week). The application narrative states that the second-generation satellites will be configured... more

SpaceX Launches Another Batch of 60 Starlink Internet Satellites

SpaceX launched its eighth Starlink mission via the Falcon 9 rocket on Wednesday, carrying 60 more satellites for its Internet satellite constellation, bringing the total in operation on orbit to 480. more

UN Secretary General’s Roadmap on Digital Cooperation: Creative Navigating in Stormy Cyberwaters

When UN Secretary-General Antonio Guterres announced in January 2020 that he was preparing a global "roadmap for digital cooperation," he had no idea that six months later, the world had made a quantum leap into the digital age. Home office, distance learning, online shopping, and video conferencing have been around for a long time, but the standstill of the real world during the pandemic has led to an unexpected expansion of the virtual world. more

What is Light-Touch Regulation?

One thing I've noticed recently is that a lot of people are climbing on board the idea of building better broadband to rural America. Many people seem to think that the FCC can somehow act to fix a lot of the shortcomings of rural broadband - but in doing so, they have missed the entire point of what the FCC calls 'light-touch' regulation - because, from a practical perspective, broadband is not regulated at all. more

A 1998 IANA Technical Seminar I Will Never Forget

In 1998, I was a lawyer working at Jones Day in Los Angeles, specializing in patent lawsuits. Specifically, I was a member of Jones Day's Technology Issues Practice, which sought to assist companies becoming involved in computer and communications technologies, including the Internet. Meanwhile, in early May the Internet Assigned Numbers Authority (IANA) was preparing to transition its home base from the University of Southern California's Information Sciences Institute (ISI) to a new, independent and not-for-profit organization. more