Law

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DOJ Closes Probe of VeriSign Over .Web TLD

The Justice Department has closed its investigation into VeriSign Inc.'s involvement in an auction for the .web internet domain. more

Domain Name Disputes Break Two Records in 2017

The year 2017 turned out to be a record-setting year for domain name disputes, in two ways: The number of complaints filed as well as the total number of domain names in those complaints. Specifically: The number of cases at WIPO crept up to 3,073 from 3,036 in 2016 (the previous record), a modest gain of just over 1 percent. Those cases included 6,370 domain names, up from 5,354 in 2016 (also a record-setting year), a spike of nearly 19 percent. more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

Legal Controls on Extreme End-to-End Encryption (ee2ee)

One of the most profoundly disruptive developments occurring in the cyber security arena today is the headlong rush by a set of parties to ubiquitously implement extreme End-to-End (e2e) encryption for communication networks using essentially unbreakable encryption technology. A notable example is a new version of Transport Layer Security (TLS) known as version 1.3. The activity ensues largely in a single venue... more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

Celebrating 167 Years of Public International Law for Cyber Security

On 30 September 1850 at Dresden, the first international treaty was issued among the first sovereign nations to internet their national electronic communication networks. It was known as the Dresden Convention, and culminated several weeks hammering out basic requirements and techniques to implement an internet spanning the Austro-German European continent at the time, and established a continuing "Union" of signatories to evolve the provisions of the treaty. more

The Catalonian Matter: Law and Order, Democracy and Freedom of Speech, Censorship and Trust

I'm an engineer, and I firmly believe that Internet matters and, in general, Information Society, should be kept separate from politics, so usually, I'm very skeptical to talk about those and mix things. Let's start by saying that I'm Catalonian. Despite the dictatorial regime when I was born, forbidden teaching Catalonian, I learned it, even despite, initially for family reasons and now for work reasons, I live in Madrid. However, I keep saying everywhere I go, that I was born in Barcelona... more

Preliminary Thoughts on the Equifax Hack

As you've undoubtedly heard, the Equifax credit reporting agency was hit by a major attack, exposing the personal data of 143 million Americans and many more people in other countries. There's been a lot of discussion of liability; as of a few days ago, at least 25 lawsuits had been filed, with the state of Massachusetts preparing its own suit. It's certainly too soon to draw any firm conclusions... but there are a number of interesting things we can glean from Equifax's latest statement. more

The Internet Must Remain Open - Even for Those We Disagree With

Over the past couple of weeks, following the events in Charlottesville, Virginia, there has been significant discussion in social and traditional media about various technology companies removing websites from their servers, or otherwise making them unavailable. As the operators of Canada's Internet domain, we at CIRA are getting numerous inquiries about our stance and policies on this issue. I'd like to use this opportunity to make a couple of clarifications about how CIRA works and what CIRA actually does. more

Upcoming Brands and Domains Conference to Explore Various Views on DotBrands

After its first edition in Valencia, Brands and Domains will travel this time to the Netherlands where the second conference will take place from the 2nd to 3rd of October 2017. This time, Dot Stories, the main organizer, chose the Hotel Amrath Kurhaus for the event. Nowadays, more than 600 applicants hold already the right to start their own dot brand, but there are not so many who have been brave enough to use it. more

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more

Does ICANN's UDRP Preserve Free Speech and Allow Room for Criticism?

The phenomenal growth of the Internet has resulted in a proliferation of domain names. The explosion of '.com' registrations coincided with an increase in domain name disputes, and with it the legal branch of intellectual property devolved into virtual mayhem. ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created... The UDRP was brought into force in October 1999, and it can be said that it has contributed handily to the resolution of domain name disputes. However, deeper investigation into the UDRP paints a different picture. more

Hidden in Plain Sight: FCC Chairman Pai's Strategy to Consolidate the U.S. Wireless Marketplace

While couched in noble terms of promoting competition, innovation and freedom, the FCC soon will combine two initiatives that will enhance the likelihood that Sprint and T-Mobile will stop operating as separate companies within 18 months. In the same manner at the regulatory approval of airline mergers, the FCC will make all sorts of conclusions sorely lacking empirical evidence and common sense. more

A Lesson from the Environmental Protection Agency (EPA) in Domain Name Disputes

While the U.S. Environmental Protection Agency (EPA) has been making news as the result of controversial changes brought about under the new Trump administration -- including the planned removal of "several agency websites containing detailed climate data and scientific information" -- the EPA also has generated some (lesser-known) domain name news: The agency won a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name noattacks.org. more