Law

Law / Featured Blogs

Should Barclays Lose the .Barclays Top-Level Domain?

According to Reuters, Barclays has plead guilty to trying to manipulate foreign exchange rates, and has agreed to pay substantial fines, along with other major banks. Barclays is also the operator of the .Barclays new top-level domain name. This is not a case where it's a single rogue employee or officer has been found guilty of a financial crime. Here, it is the entire bank (and registry operator) that has plead guilty. more»

Live Streaming Apps: Piracy Trends Are-A-Changing

Until recently, digital pirates have used both P2P sites and cyberlockers to upload and share pirated content. But as Internet connection speeds have increased, the piracy landscape has changed, and the appearance of streaming content has proliferated. In fact, 38% of online sporting fans are watching live streaming of their favorite events. However, the recent introduction of live streaming apps is further compounding issues surrounding online piracy... more»

Asking a Better Question to Uncloak the Online Copyright Debate

The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more»

ICANN and a Lot of Other People Outsmart Themselves With .SUCKS

Good taste has never been a criterion in ICANN's new domains program, and domains including .fail and the remarkably vulgar .wtf have become part of the DNS with little comment. Now we have .sucks, which is intended to empower consumers, but does so in a way so clumsy that ICANN is asking regulators in the U.S. and Canada for an excuse to shut it down. more»

ISPs to Enforce Copyright Law

A group of major ISPs and major content providers have agreed on a a mechanism to enforce copyright laws in the network. While full details have not yet been released, the basic scheme involves using previously designed IP flags to denote public domain content. That is, given general copyright principles, it is on average a shorter code path and hence more efficient to set the flag on exempt material. more»

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more»

Your App Is Increasingly Paranoid

In Canada at the moment a fight has been engaged between Bell Canada, a major carrier, and a recent decision of its regulator, the CRTC, concerning whether the CRTC (the Commission) made the correct decision when it said that the underlying transport system was "telecommunications", while the "app" that was carried was "broadcasting". The decision appealed from (the Klass decision) is important because it marks the first time the CRTC has made a decision on the idea that lies at the core of Internet thinking: that an application floats on top of transport layers. more»

Am I Safer Within an Organization or by Myself?

An Internet Bill of Rights may or may not be a good idea. The point here is that, besides highly commendable topics such as net neutrality and privacy, some of them seem to mandate cybersecurity. Approved in Brazil last May, the Marco Civil includes the principle of preservation of stability, security and functionality of the network, via technical measures consistent with international standards.  more»

Domain Name Case Under ACPA Failed Because Trademark Was Not Distinctive

The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more»

Privacy, Risk and Revenue

The nation's leading organization of government, corporate and academic privacy executives -- the International Association of Privacy Professionals -- recently did what good groups do, it issued a report that validated the pursuit of the career it supports... the IAPP reminded all what has long been understood -- privacy is an important and growing risk management activity under the watchful eye (mostly) of general counsels. With $2.4 billions being spent this year and $3 billion next, it is a growth industry. more»