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US Should Take More Aggressive Counter-Measures On IP Theft, Including Use of Malware

A bipartisan Commission recently produced a report titled, "The Report of the Commission on the Theft of American Intellectual Property". Karl Bode from dslreports.com writes... more»

Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more»

Will the Trademark Clearinghouse Fulfill its Potential?

ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs. more»

Typosquatting Claims Against Security Researcher Are Legally Complicated - Gioconda v. Kenzie

Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more»

Arrest Made in Connection to Spamhaus DDoS Case

According to a press release by the Openbaar Ministerie (the Public Prosecution Office), a dutch man with the initials SK has been arrested in Spain for the DDoS attacks on Spamhaus. more»

Breaking Down Silos Doesn't Come Easy

"We need to break down silos", is a phrase often heard in national and international meetings around cyber security and enforcing cyber crime. So it is no coincidence that at the upcoming NLIGF (Netherlands Internet Governance Forum), the IGF, but also an EU driven event like ICT 2013 have "Breaking down silos" and "Building bridges" on the agenda. But what does it mean? And how to do so? more»

Research Group Releases International Law on Cyber Warfare Manual

The newly released handbook applies the practice of international law with respect to electronic warfare. The Tallinn Manual on the International Law Applicable to Cyber Warfare -- named for the Estonian capital where it was compiled -- was created at the behest of the NATO Co-operative Cyber Defence Centre of Excellence, a NATO think tank. It takes current rules on battlefield behaviour, such as the 1868 St Petersburg Declaration and the 1949 Geneva Convention, to the internet, occasionally in unexpected ways. more»

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more»

Time to Take Stock: Twelve Internet and Jurisdiction Trends in Retrospect

With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more»

Questions on the Debate on 'Closed Generic' gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more»

Thinking Carefully About New gTLD Objections: Limited Public Interest (Part 2 of 4)

The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more»

Ron Paul Caught in Domain Dispute with Supporters

Former U.S. presidential candidate and congressman Rob Paul has filed a complaint with the World Intellectual Property Organization against the registrants of RonPaul.com and RonPaul.org in order to gain control of the domains. more»

ACCC Loses Court Case: Google Not Responsible for Content Paid Adds

In a court case running since 2007 Australia's High Court judged Google not responsible for the content of paid ads it presented after an end user's search request. In the example Reuters gives a car sales company presented itself under the name of a car brand, thus misleading the end user. The Australian Competition and Consumer Commission (ACCC) deemed this misleading advertising by Google and stared a court case. The High Court judged differently. more»

Internet and the Telecommunication Acts of 1900

On his blog Bruce Schneier recently published a post called "Power and the Internet". An article that most people in the western world will agree with. Internet freedom against Internet safety and security, the powerful have a lot of power to wield and the rest is at best ad hoc organised or fairly powerless lobby organisations. So who is likely to win? Vested interests, he warns. more»

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more»