A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more
One of the WIPO decisions published today relates to gillette.ro. The registrant (respondent) didn't make any submissions in their defence, so the decision could have been quite banal. However some of the panelist's comments under the "Registered and Used in Bad Faith" section are quite interesting... more
A US District Judge in Maine largely granted a motion to dismiss brought by Hannaford in a big data breach case... According to the court, around March 2008, third parties stole up to 4.2 million debit and credit card numbers, expiration dates, security codes, PIN numbers, and other information relating to cardholders "who had used debit cards and credit cards to transact purchases at supermarkets owned or operated by Hannaford." more
As you may know, there are two laws currently being discussed in Canadian legislative assemblies: Senate Bill S-220, a private member’s bill with private right of action and criminal remedies; Parliamentary Bill C-27, tabled by the government, with private right of action, coordination between various enforcement agencies... more
In 2001, I published an article on "virtual crime." It analyzed the extent to which we needed to create a new vocabulary -- and a new law -- of "cybercrimes." The article consequently focused on whether there is a difference between "crime" and "cybercrime." It's been a long time, and cybercrime has come a long way, since I wrote that article. I thought I'd use this post to look at what I said then and see how it's held up, i.e., see if we have any additional perspective on the relationship between crime and cybercrime... more
The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more
April 1st was the start of a new anti-piracy law in Sweden where, according to traffic data, an immediate and significant drop (over 30%) occurred in the nation's overall Internet traffic. Reported today by Royal Pingdom: "The combined traffic passing through Sweden's Internet Exchange Points usually peaks around 160 Gbit/s, but on Wednesday it peaked at around 110 Gbit/s. That's a huge drop in traffic, and is presumably a direct result of less file sharing taking place. ... Another interesting observation is that there was more traffic than usual during the last days before the law took effect. Were people hoarding films and music? On Tuesday (the day before the law went live) traffic peaked at nearly 200 GBit/s, roughly 25% above normal levels." more
Last September the Virginia Supreme Court issued a surprise ruling that reversed its previous decision and threw out the state’s anti-spam law on First Amendment grounds. The Commonwealth made a last ditch appeal to the US Supreme Court, which I predicted they’d be unlikely to accept. I guessed right... more
A lot of pixels have been spilled lately over an Internet records retention bill recently introduced in both the House and the Senate. The goal is to fight child pornography. That's a worthwhile goal; however, I think these bills will do little to further it. Worse yet, I think that at least two of the provisions of the bill are likely to have bad side effects... more
The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more
From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more
The National Arbitration Forum today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum, approved by ICANN, provides domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP). Nearly all 1,770 cases filed (98%) in 2008 involved UDRP domain names, like .com and .org and the rest involved usDRP domain names with the .us extension, according to the announcement... more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more
I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more
A World-Renowned Source for Internet Developments. Serving Since 2002.