Law

Law / News Briefs

Major ISPs in Australia Reveal Plans to Crack Down on Online Piracy

During an 18-month trial, rights holders would send copyright infringement notices, including evidence of copyright infringement and the IP address involved, to ISPs who would then send "educational notices" to the internet users concerned. Users who are suspected of further copyright breaches would then receive up to three warning notices before rights holders are able to pursue court action. more»

European Court of Justice: Courts in EU May Not Order ISPs to Filter Out P2P

The European Court of Justice has ruled that content owners cannot ask ISPs to filter out illegal content. The ruling could have implications for the creative industries as they attempt to crack down on piracy. The court said that while content providers can ask ISPs to block specific sites, wider filtering was in breach of the E-Commerce Directive. more»

EFF on Facebook's Cross-Site Tracking

On September 25th, 2011, Nik Cubrilovic, a hacker and writer, published a blog post that showed that a particular Facebook session cookie wasn't being deleted after a user logged out. He noted that the session cookie included your Facebook user id number, which would presumably facilitate Facebook associating any data they collected about your browsing the web with your Facebook account. Cubrilovic's review showed that, based on what the cookies were transmitting, Facebook could easily connect some of your browsing habits to your unique Facebook account. more»

Verisign Seeks Authority to Shutdown Websites Without Court Order

Verisign, the manager of top-level domains .com and .net, is seeking authority to shut down "non-legitimate" domain names when asked to by law enforcement. The company said today it wants to be able to enforce the "denial, cancellation or transfer of any registration" in any of a laundry list of scenarios where a domain is deemed to be "abusive". more»

OPTA revokes Diginotar License as TTP

Wout de Natris: "In this decision OPTA revokes the registration of Diginotar as a so called Trusted Third Party. Diginotar issued certified certificates for digital signatures. The security breach by Iranian hackers over the summer, which Diginotar did not report to the authorities, lead to severe credibility issues for all Diginotar certificates issued before. This included Dutch government websites, but also led to severe breaches of privacy for Iranian end users, in multiple countries. As a result of OPTA's decision all certificates issued by Diginotar have to be revoked, while at the same she is forbidden to issue new ones. more»

UK Domain Registry Considers Criminal Domain Takedown Rules

Nominet, the registry that handles .uk domains, is moving ahead with proposed rules (PDF) that could allow law enforcement agencies to request a domain be shut down without a court order. The registry launched the process in response to a request from the Serious and Organised Crime Agency (SOCA). more»

EFF: Court Refuses to Return Seized Domain Name

Corynne McSherry from EFF reports: "In a cursory opinion issued today that left us scratching our heads, a federal judge has ruled that the government does not have to return a domain name seized by Immigration and Customs Enforcement (ICE), because its seizure did not create a substantial hardship. ... Puerto 80, the Spanish company behind popular sports streaming sites Rojadirecta.com and Rojadirecta.org, which were both seized by U.S. ICE earlier this year -- even though a Spanish court found they did not violate copyright law -- had filed a petition to have the sites released pending a trial on the merits of the case." more»

Landmark Case Orders BT to Block Website Containing Pirated Movie Links

High Court judge has ruled BT must block access to a website which provides links to pirated movies. The landmark case is the first time that an ISP has been ordered to block access to such a site paving the way for other sites to be blocked as part of a major crackdown on piracy, BBC reports. more»

Americans Soon Facing Harsh Penalties for Illegal Downloads

After years of negotiations with Hollywood and the music industry, the nation’s top Internet providers have agreed to a systematic approach to identifying customers suspected of digital copyright infringement and then alerting them via e-mail or other means. Under the new process, which was announced Thursday, several warnings would be issued, with progressively harsher consequences if the initial cautions were ignored. more»

Happy Canada Day from the CRTC

Neil Schwartzman writes to report: "CAUCE reports that the CRTC published long-awaited regulations (a big step towards Canada's Anti-spam Law (AKA C28) coming into force), late June 30, the day before Canada Day. The regulations are, as anticipated, very terse and do little to water down the strong nature of the law; they move to clarify certain aspects of express vs. implied consent, among other things." more»

Netherlands First European Nation to Adopt Net Neutrality

The Netherlands on Wednesday became the first EU member state to enshrine in law the concept of net neutrality, the idea that there should be no hierarchy of information or services in the internet. The measure, passed by a large majority in the lower house and expected to pass without hitch through the senate, will prevent Dutch mobile telephone operators from blocking or charging consumers more for using internet-based communications services. more»

EFF: Government Domain Name Seizures Violate First Amendment

The Electronic Frontier Foundation (EFF) has urged a federal court to return two domain names seized in what the organization calls U.S. government's fundamentally flawed anti-infringement campaign. "This misguided intellectual property enforcement effort is causing serious collateral damage to free speech rights," said EFF Intellectual Property Director Corynne McSherry. "These domain seizures should cease unless and until the government can fix the First Amendment flaws inherent in the program." more»

US Government, Homeland Security and ICE Sued over Domain Seizure

Mike Masnick reporting in Techdirt: "This morning, we wrote about the list of sites that ICE knew was challenging its domain seizures, and some people complained that there still were no details. There's been a lot happening behind the scenes, but the first bit of public information is now available, as the company behind Rojadirecta, Puerto80 has officially filed suit against the US government, demanding the return of its domains." more»

Internet Three Strikes Laws Violate International Law, Says UN Report

Michael Geist reporting in his blog: "The United Nations Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has released an important new report that examines freedom of expression on the Internet. The report is very critical of rules such as graduated response/three strikes, arguing that such laws may violate the International Covenant on Civil and Political Rights. Moreover, the report expresses concerns with notice-and-takedown systems, noting that it is subject to abuse by both governments and private actors." more»

Experts Urge Congress to Reject DNS Filtering from PROTECT IP Act, Serious Technical Concerns Raised

A group of leading DNS experts have released a paper detailing serious concerns over the proposed DNS filtering requirements included as part of the bill recently introduced in the U.S. Senate named Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 ("PROTECT IP Act"). The group who is urging lawmakers to reconsider enacting such a mandate into law, includes leading DNS designers, operators, and researchers, responsible for numerous RFCs for DNS, publication of many peer-reviewed academic studies related to architecture and security of the DNS, and responsible for the operation of important DNS infrastructure on the Internet. more»

Industry Updates

Afilias Says "No" to SOPA

Minds + Machines to Announce New .brand gTLD Pricing at INTA

.CO Recognized Alongside Industry Giants in Trademark Industry Awards

Verisign and Coalition for ICANN Transparency, Inc. ("CFIT") Resolve Litigation

MarkMonitor to Co-Chair International Anti-Counterfeiting Coalition Spring Conference

Q4 2010 Fraud Intelligence Report

AusRegistry Int. and Crowell & Moring Join Forces to Support New Top-Level Domain Applicants

MarkMonitor Report: How Scammers Generate Significant Traffic Promoting Suspected Counterfeit Goods

Report Sheds Light on Scale and Complexity of Online Piracy and Counterfeiting Problem

Acquisition Extends Anti-Piracy Capabilities for Digital Content

How Targeting Luxury Brands Online Results in Significant Traffic for Online Scammers

MarkMonitor to Highlight Importance of Cross-Functional Approach to Brand Protection

MarkMonitor to Participate in the International Trademark Association's Annual Meeting

MarkMonitor Year in Review Report: How Escalating Online Brand Abuse is Used to Monetize Web Traffic

MarkMonitor Sets New Standard in Brand Protection with Site Staydown Service