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How to Stop the Spread of Malware? A Call for Action

On Webwereld an article was published following a new Kaspersky malware report Q1-2013. Nothing new was mentioned here. The Netherlands remains the number 3 as far as sending malware from Dutch servers is concerned. At the same time Kaspersky writes that The Netherlands is one of the most safe countries as far as infections go. So what is going on here? more»

ICANN at the Inflection Point: Implications and Effects Of the GAC Beijing Communique

Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments. First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique. Of particular note is that, as the last action in an initial phase consisting of "actions for soliciting input from Applicants and from the Community', the NGPC will begin to "Review and consider Applicant responses to GAC Advice and Public Comments on how Board should respond to GAC Advice... more»

Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more»

Will the Trademark Clearinghouse Fulfill its Potential?

ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs. more»

Typosquatting Claims Against Security Researcher Are Legally Complicated - Gioconda v. Kenzie

Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more»

Breaking Down Silos Doesn't Come Easy

"We need to break down silos", is a phrase often heard in national and international meetings around cyber security and enforcing cyber crime. So it is no coincidence that at the upcoming NLIGF (Netherlands Internet Governance Forum), the IGF, but also an EU driven event like ICT 2013 have "Breaking down silos" and "Building bridges" on the agenda. But what does it mean? And how to do so? more»

Much Ado About Nothing

With much fanfare last month, Uniregistry announced that proposals for dispute resolution between New TLD applicants in lieu of ICANN's so-called "Auction of Last Resort" posed significant antitrust risks. Their claim of concern was not based on any critical antitrust analysis, but rather on the fact that they had sought a "Business Review" letter from the Antitrust Division of the U.S. Department of Justice (DOJ), and, according to Uniregistry, the DOJ failed to provide them a positive response and discussed the issue with them. more»

To Tax or Not to Tax

Well it is not new that the US has always maintained that the Internet should be a tax free zone as per the US Congress's Tax Freedom Act 1998 which following expiry continued to be reauthorized and its most recent re-authorization (legal speak for extension) was in October 2007 where this has been extended till 2014. It is unclear whether there will be another extension post 2014. There is a moratorium on new taxes on e-commerce, and the taxing of internet access via the Tax Freedom Act. more»

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more»

Time to Take Stock: Twelve Internet and Jurisdiction Trends in Retrospect

With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more»

Questions on the Debate on 'Closed Generic' gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more»

Thinking Carefully About New gTLD Objections: Community (3 of 4)

My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more»

Thinking Carefully About New gTLD Objections: Limited Public Interest (Part 2 of 4)

The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more»

ACCC Loses Court Case: Google Not Responsible for Content Paid Adds

In a court case running since 2007 Australia's High Court judged Google not responsible for the content of paid ads it presented after an end user's search request. In the example Reuters gives a car sales company presented itself under the name of a car brand, thus misleading the end user. The Australian Competition and Consumer Commission (ACCC) deemed this misleading advertising by Google and stared a court case. The High Court judged differently. more»

Internet and the Telecommunication Acts of 1900

On his blog Bruce Schneier recently published a post called "Power and the Internet". An article that most people in the western world will agree with. Internet freedom against Internet safety and security, the powerful have a lot of power to wield and the rest is at best ad hoc organised or fairly powerless lobby organisations. So who is likely to win? Vested interests, he warns. more»

News Briefs

Arrest Made in Connection to Spamhaus DDoS Case

Research Group Releases International Law on Cyber Warfare Manual

Ron Paul Caught in Domain Dispute with Supporters

German Court Rules People Have Right to Claim Compensation for ISP Outages

France Orders ISP to Stop Blocking Online Advertisements, No Right to Edit Web Content

New Law in Russia Lets Authorities Take Down Certain Sites Without Trial

Google Denied Right to Oogle.com, Registrant May Keep Domain

Domain Seizures for Copyright Infringement Likely to Move Beyond U.S. Based Registries

Study Links Half of "Rogue" Online Pharmacies to Two Domain Name Registrars

Geist on the Bodog.com Seizure Case

Canadians Indicted on US Gambling Charges, Domain Name Seized

Canadian Government Stepping Up on Internet Surveillance

ISPs Are Not Broadcasters, Says Supreme Court of Canada

Protests Erupt Over EU's Anti-Counterfeiting Trade Agreement

Exporting SOPA-Like Rules to Other Countries

European Commission Proposes "Right to be Forgotten" Internet Law

Feds Shut Down File-Sharing Website Megaupload.com, Seven People Charged

Websites Go Dark Protesting SOPA and PIPA, Senators Change Course

White House on SOPA: Protecting Intellectual Property Must Not Threaten Open, Innovative Internet

Protect IP Act to Be Amended in Response to Pressure from Technical Community

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