Law / Recently Commented

Editorials Against PROTECT-IP

First the Los Angeles Times, now the New York Times have both printed editorials critical of the PROTECT-IP bill. Both the LAT and NYT support copyright - and announce as much in their opening sentences. That doesn't mean we should sacrifice Internet security and stability for legitimate DNS users, nor the transparency of the rule of law. more»

World Anti Counterfeiting Day… Staggering Costs Fueled by the Web

Established in 1998 by the Global Anti-Counterfeiting Group (GACG), "World Anti Counterfeiting Day" is held annually in June to raise awareness of the international impacts of counterfeiting and piracy. According to the International Chamber of Commerce (ICC), the cost of counterfeiting is a $600 billion a year problem. MarkMonitor estimates the cost of online counterfeit trade at $200 billion annually. 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»

IP Addressing in the New Age of Scarcity

This is the prepared opening statement given on behalf of Depository, Inc. at the panel discussion "IP addressing in the new age of scarcity" in the context of Internet governance and public policy at the Global Internet Governance: Research and Public Policy Challenges for the Next Decade Regional Conference held at the American University School of International Service on Thursday, May 5th, 2011 between 11:00 a.m. to 12:15 p.m. with Prof. Milton Mueller moderating and on the panel as well was John Curran, President and CEO of ARIN and Michael Froomkin, Professor of Law, University of Miami School of Law. more»

At the Start of the NL IGF

At the annual Dutch "delegation" dinner at the Internet Governance Forum (IGF) in Vilnius, Lithuania, I voiced that it may be a good idea to start a Dutch IGF. This followed a discussion in which we discussed the possibilities of involving more people and organisations from the Netherlands in Internet governance. The, now, Ministry of Economic Affairs, Agriculture and Innovation followed this thought and made it possible for the ECP/EPN foundation to start the NL IGF. more»

Debugging Legislation: PROTECT IP

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»

VeriSign and CFIT Resolve Over 5-Year Long Litigation

VeriSign reports that it has reached a Settlement Agreement and Mutual Release with the Coalition for ICANN Transparency, Inc. ("CFIT"), CFIT's members, and specified related parties that resolves the over five-year long CFIT litigation. Under the terms of the Agreement, no payment will be made and the parties immediately will file a dismissal with prejudice of all claims in the litigation. Further, the parties executed mutual releases from all claims now and in the future related to the litigation. more»

In DHS Takedown Frenzy, Mozilla Refuses to Delete MafiaaFire Add-On

Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights. more»

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more»

EU launches Future Internet Public Private Partnership

Wout de Natris writes to report: "EU Commissioner for the Information Society Neelie Kroes today launched the EU co-funded project for the Internet of the future in which everything will be connected to everyone in the cloud. Here's the link to Mrs. Kroes' speech." more»

Creating, Protecting and Defending Brand Equity - Part 1

Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more»

Microsoft, Federal Agencies Take Down Rustock Botnet

Neil Schwartzman writes: "There is a lot of press on the profound effect the take-down of the Rustock botnet, affected by Microsoft, some U.S. federal agencies, and countless others working in the background to assist in the effort. CAUCE has aggregated a few of the best stories and data-points. A community congratulations, and thank-you to all those involved!" more»

KnujOn Releases New Security, Abuse and Compliance Report

We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more. more»

Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more»

Crack Down on Cybercrime: Law Enforcement Agencies Meeting Domain Name Registrars in Brussels

Kevin Murphy reporting in The Register: "Cyber cops from both sides of the Atlantic are meeting with domain name registrars in Brussels today to try to figure out ways to crack down on internet crime. This second meeting of the 'EU-US working group on cyber security and cybercrime' is dedicated to increasing cooperation between law enforcement agencies and the companies that unwittingly sell web addresses to online crooks, according to attendees." more»