Law

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Internet Governance: Leading by Example

On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. more»

The Internet Society on the Wikileaks Issue

Recently, we have witnessed the effective disappearance from the Internet of a website made infamous through international press coverage and political intrigue. The Internet Society is founded upon key principles of free expression and non discrimination that are essential to preserve the openness and utility of the Internet. We believe that this incident dramatically illustrates that those principles are currently at risk. more»

Cyber Crime: It's All About Data (Part 2)

In this part I want to focus on the gathering of cyber crime data. Are there best practices in the world on how cyber crime data is reported to law enforcement and aggregated to show the impact of said crime? Previously the discussion focused on the fact that cyber crime = crime and on a basic cyber (crime) training for every police officer. From the reactions this received, it is clear that some people see this as a possible solution. more»

Fed's Domain Name Crackdown Meets DNS Backlash

Kelly Jackson Higgins reporting in InformationWeek: "In the wake of federal crackdowns, such as the U.S. Immigration and Customs Enforcement's (ICE) mass seizure yesterday of 82 domain names of websites illegally selling and distributing counterfeit and copyrighted items, a group is building out a new point-to-point DNS system as a way for sites to dodge future domain takeovers by the feds. ... Meanwhile, the new Dot-P2P Project says its goal is to combat DNS-level censoring with a decentralized, Bit Torrent-powered system. 'By creating a .p2p TLD that is totally decentralized and that does not rely on ICANN or any ISP's DNS service, and by having this application mimic force-encrypted bittorrent traffic, there will be a way to start combating DNS level based censoring like the new US proposals as well as those systems in use in countries around the world including China and Iran amongst others,' the Dot-P2P Project page says." more»

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more»

Nominet/SOCA Cyber Crime Proposal: Allow Cross Border Reactions

Reading the policy proposal of Nominet, I get the feeling that something is overseen here. Putting all the jurisdictional hassle aside for a moment, cyber crime is international, cross-border. So what happens if a UK domain is used for criminal activity outside the UK only? more»

The Threat from Within - US v. Fowler, SDFL 2010

The security vendor-phobe at the head of the conference bangs on the podium with his shoe declaring that "The greatest threat comes from within! (buy our product for your network's salvation)." Fear as a marketing strategy can never be underestimated. Particular when the fear is of the misunderstood. Media helps stoke the flames of fear-marketing with stories of fired or disgruntled IT staff who reportedly effectuate their revenge on former employers by bricking systems. more»

U.S. Homeland Security Launches Website Crackdowns, A Dozen Sites Already Seized

TorrentFreak reports: "Following on the heels of this week's domain seizure of a large hiphop file-sharing links forum, it's clear today that the U.S. Government has been very busy. Without any need for COICA, ICE has just seized the domain of a BitTorrent meta-search engine along with those belonging to other music linking sites and several others which appear to be connected to physical counterfeit goods. more»

The Changing Landscape of Online Fraud

From the Economist on the long life of spam: "The criminal businesses that rely on spam are most at risk in law-abiding bits of the real world, such as America. Just like honest businesses, they appreciate its robust networks, reliable web-hosting. But law-enforcement agencies and internet security companies are also more active in such countries and have started working closely together. When Mr Bruen presents evidence to reputable hosting companies in America that their customers are fraudsters, they unplug them. Police agencies are increasingly interested to hear from him and fellow experts about the others. That, says Mr Bruen, reflects an important point. The word “cyber” in cybercrime obscures real crimes committed in real places." more»

Outlawing Botnets

The European Commission is apparently considering the promulgation and adoption of a directive that would, at least in part, criminalize botnets. As I understand it, the premise behind adopting such a directive is that since botnets are capable of inflicting "harm" on a large scale, we need to separately criminalize them. I decided to examine the need for and utility of such legislation in this post. more»

New Fear, Uncertainty and Doubt about Canada's Anti-Spam Bill C-28

From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally. more»

Lawful Access Bills Proposed for ISPs in Canada

Michael Geist writes: "The bills contain a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers. The first prong mandates the disclosure of Internet provider customer information without court oversight. Under current privacy laws, providers may voluntarily disclose customer information but are not required to do so. The new system would require the disclosure of customer name, address, phone number, email address, Internet protocol address, and a series of device identification numbers." more»

Yet Another Unfortunate CAN SPAM Case

The case Melaleuca v. Hansen has been moving slowly through Idaho federal court since 2007. On Sept 30 the court decided in favor of the defendants. Although the outcome is probably correct, the court's decision perpetuates the misreading of CAN SPAM from the infamous Gordon case that makes it in practice impossible to win a CAN SPAM case in the 9th Circuit. more»

How Not to Get Your Mail Delivered

A small company in suburban Philadelphia called Holomaxx recently filed two lawsuits against large webmail providers, complaining that they weren't delivering mail from Holomaxx. The first suit is against Microsoft and Return Path, and the second suit is against Yahoo and Cisco/Ironport. Neither is going anywhere. more»

Global Spam Levels Drop Following Certain Events

If you haven't noticed lately, spam levels around the world have started dropping especially in October after a couple of events occurred. The first is a Russian crackdown on alleged spam king Igor Gusev, thought to be involved in the operations of SpamIt.com. SpamIt mysteriously shut down in late September, perhaps because Gusev caught wind of law enforcement starting to take notice of him. more»