Law

Law / Featured Blogs

Is the DMCA an Effective Way to Take Down Infringing Content?

As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more»

Federal Data Crisis: Unreliable Federal Databases are Destroying Opportunities for Small Businesses

Databases are the infrastructure of the modern administrative state and data is its lifeblood. When the data is contaminated with errors, federal agencies have difficulty performing even the most basic administrative functions such as managing its inventory of office space and protecting the personally identifiable information (PII) of social security number holders. The federal dissemination of unreliable data doesn't just waste money; it undermines public trust in government and leaves it unmanageable. more»

Which Way Does Your Data Flow?

Data may be moving to the cloud, but understanding the physical geography underlying the cloud is becoming increasingly critical. October's decision by the European Court of Justice, striking down key portions of the Safe Harbor rules that some companies had relied on to legally transfer personal data between Europe and the U.S., was only the latest example of the regulatory uncertainty involved in cross-border data flows. While Internet companies have begun to address challenges at the static geographic points where data is resident, understanding the actual paths that data travels is an important and sometimes overlooked part of the compliance analysis. more»

Cheers! Registries and Registrars Doing the Right Thing by Patients

Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more»

Encryption = good : Backdoor = bad

Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools. But that would cause far more harm than good, and is a really bad idea. The argument goes something like this: 'These bad actors hide behind encrypted communications to plan their evil deeds...' more»

Zero Rating, a Poisoned Chalice for the Developing World

A very Interesting meeting The Internet Governance Forum (IGF) with an ambitious theme of connecting the worlds next billion people to the Internet took place in early November 2015 in a beautiful resort city of João Pessoa in Brazil under the auspice of the United Nations. Few citizens of the world paid attention to it yet the repercussions of the policy issues discussed affect us all. more»

The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. more»

Internet Society's New Policy Brief Series Provides Concise Information On Critical Internet Issues

Have you ever wanted to quickly find out information on key Internet policy issues from an Internet Society perspective? Have you wished you could more easily understand topics such as net neutrality or Internet privacy? This year, the Internet Society has taken on a number of initiatives to help fill a need identified by our community to make Internet Governance easier to understand and to have more information available that can be used to inform policymakers and other stakeholders about key Internet issues. more»

Decoding the WSIS Message - ISOC Releases Matrix of Countries' WSIS+10 Positions

Over the next few months, major discussions at the United Nations will shape the future of Internet governance. In order to prepare with our community for the ten-year Review of the World Summit on the Information Society (WSIS+10), in New York, USA, on 15 to 16 December 2015, we are publishing today a matrix of the countries' positions on WSIS+10. The matrix draws from their written contributions to the UN this summer, and is designed to help all stakeholders better understand the key issues at the the heart of the negotiations. more»

The ICANN Accountability End Game

It was predictable, and inevitable, I suppose, that the end game of a search for a more accountable ICANN would devolve to a lawyer's contest. When there is money on the table, and when global politics are invoked to one degree or another, it is the lawyers who are tasked to translate lofty goals into precise words on paper that will survive the inspection of judges and courts. And ambitious politicians as well. more»