A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more
Online fakes can be a lucrative business and difficult to crack down on, due to the ease and low-cost of setting up multiple virtual storefronts and the ability to obfuscate an operation's identity. A federal lawsuit filed on March 1, 2010 by Polo Ralph Lauren and VF Corp. illustrates these points and highlights many of the intricacies of an online counterfeit ring. more
Yesterday, in my post on three new threats in one day, I posed the question whether it was necessary to develop regulations that would set a minimum standard on cyber security for devices that connect to the Internet. I'm having second thoughts here, which I'll explain in this post, but also try to look at a way forward and ask you to engage. more
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." more
This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
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
There's more than a hint of theatrics in the draft PROTECT IP bill that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property". more
The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more
Chinese citizens will be required to let telecommunications carriers to scan their faces in order to sign up for internet access or to get a new phone number. more
Casey Lide and Thomas B. Magee of Keller & Heckman highlight an issue that anybody building fiber on utility poles should be aware of. A recent article on their website notes that in some cases, an easement obtained for using private land to bring electric service might not automatically allow an easement for bringing fiber. more
The highest court in Germany has ruled against telephone and email data retention used to track criminal networks. Melissa Eddy of the Global and Mail reports: "A law ordering data on calls made from mobile or landline telephones and e-mail exchanges be retained for six months for possible use by criminal authorities violated Germans' constitutional right to private correspondence, the Federal Constitutional Court ruled. In its ruling, the court said the law failed to sufficiently balance the need for personal privacy against that for providing security."
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A U.S. court decision today determined net neutrality laws could return at the state level overruling Trump administration's effort to block states from passing their own net neutrality laws. more
Like much of how the Internet is governed, the way we detect and remove child abuse material online began as an ad hoc set of private practices. In 1996, an early online child protection society posted to the Usenet newsgroup alt.binaries.pictures.erotica.children (yes, such a thing really existed) to try to discourage people from posting such "erotica" on the assumption that the Internet couldn't be censored. more
In an interview with GovInfoSecurity, Sen. Thomas Carper said that the U.S. Senate is considering attaching cybersecurity legislation to a defense authorizations bill. Though clearly a ploy to be able to say "we did something about those evil hackers" before the elections, CAUCE applauds the attempt. There can be no doubt that the United States (and many other countries) sorely needs better laws to deal with these threats. more
In a presentation EU Commissioner Viviane Reding gave a preview of the new Privacy regulation her DG is preparing. As she states, privacy rules need to be brought up to date and harmonized. With all 27 member states having the same rules and tools to enforce, a company only will deal with one privacy commissioner... So, what if we, for the sake of this blog, take this initiative towards spam and cyber crime. What would this do to spam enforcement? more
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