Law / Recently Commented

Seventh Circuit Awards e360 a Whopping $3 in Damages Against Spamhaus - e360 v. Spamhaus

The lawsuit between e360 and Spamhaus was a long-running, tortured affair, and it looks like it finally came to a close. With e360 being awarded a whopping $3 in damages against Spamhaus. ... e360 sued Spamhaus, a UK entity, for damages allegedly resulting from being identified as a "known spammer." It sued Spamhaus for tortious interference and defamation. Spamhaus removed to federal court and asserted lack of personal jurisdiction. more»

Five Countries are Considering Anti-Spam Laws

The international press is alight with reports of various countries considering privacy and anti-spam legislation. It appears that many countries have arrived at the logical conclusion that after years of supposed 'self regulation'; some marketers must be brought to heel by way of regulation and law, to stop abusive practices. more»

Prediction Methods for Crime

There's a new sheriff in town and he's riding the horse of "predictive policing". Back in July the Santa Cruz Police Department began deploying police officers to places where crime is likely to occur in the future -- making use of new predictive modeling programs that are designed to provide daily forecasts of crime hotspots -- thereby allowing the Department to preempt more serious crimes before they occurred. In essence, this is another physical-world application of machine learning and clustering technologies -- applied to preempting a criminal problem. In the cyber-world we've been applying these techniques for a number of years with great success. 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 and, 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»

Holomaxx v. Yahoo and MS: The Hearing

I visited Judge Fogel's courtroom this morning to listen to the oral motions in the Holomaxx cases. This is a general impression, based on my notes. Nothing here is to be taken as direct quotes from any participant. Any errors are solely my own. With that disclaimer in mind, let's go. 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»

"Can IP Be Protected in the Internet Age?" Panel Recap from Russian Economic Development Conference

In June, I attended the St. Petersburg International Economic Forum ("SPIEF"), organized by the Russian government's Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg... I participated on a panel entitled "Can IP Be Protected in the Internet Age?" Right away, I trust many of you find the titling odd... 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»

Catching Spam Email with Project Honey Pot

Since its launch in October, 2004 Project Honey Pot has made some interesting progress in their war against spam email. The project is a distributed system used to identify spammers and spambots operating across the Internet. To put it simply, Project Honey Pot lays millions of traps around the Internet (66,393,293 as of this writing) baited with specific email addresses that are configured to forward received emails to the Project Honey Pot system. Since these are not email addresses used by real individuals virtually every email received is positively identified as spam. more»

End of Cybersquatting? The gTLD Advantage

On the other hand, major dot brand generic Top-Level Domains (gTLDs) are for internal and controlled sub registrations, they would not be open to first come public offerings and therefore it makes no sense for IBM to plan advance purchase of, as Canon, owner of their own gTLD dot canon, unless mutually agreed between two brands, would have no incentive to sell such a registration to a cyber squatter or to anyone else for that matter. more»

Minding the GAC and the Heckler's Veto

ICANN meetings sometimes congeal around a single theme. In San Francisco the theme was captured on clever t-shirts bearing the iconic symbol of the London Underground with the words, "Mind the GAC." Here was a succinct and timely plea for the ICANN Board to pay serious attention to the Governmental Advisory Committee (GAC)'s concerns about new generic Top-Level Domains (gTLDs), rather than to risk undermining the long-term viability of the multi-stakeholder model. more»

Patient Care Suffers When Data Security is a Budgetary Concern

According to a recent Homeland Security News Wire article, nearly 8 million patient medical records were compromised over the course of the previous two years due to data security breaches. As more hospitals and patient care providers move to store patient data electronically -- primarily as a cost savings effort -- the risk and exposure of our private medical information increases while our individual control over this information diminishes. 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»