Law

Blogs

Facebook Stays, Everybody's Happy, but Nothing Has Changed

After some turmoil, Facebook won the war with the Australian Government as the necessary changes were made to the legislation that avoided them needing to change their business model. Those subtleties are lost in the general press. What counts for the popular media is that they were able to spin some great stories around the fact that Australia stood up to the giants. That brought international attention, which boosted the ego of Australian Prime Minister Scott Morrison. more

Cybersecurity Tech Accord: 98% of Registrar Whois Requests Unrequited

When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action. more

Emergence, Rise and Fall of Surveillance Capitalism, Part 2: Rise and Fall

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

EU Rulings on Geo-Blocking in Digital Storefronts Will Increase Piracy Rates in the Developing World

For the longest time, it was an insurmountable challenge for those in the developing world to be able to afford to legally consume multimedia products. Prices originally set in Dollars, Euros or Yen often received insufficient adjustments to compensate for lower incomes, something that was compounded by local import or manufacture taxes that did little to alleviate matters. more

The Netizen's Guide to Reboot the Root (Part II)

The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more

Freedom of Expression Part 5: COVID Vaccines not Mandatory

In Part 4 of the Freedom of Expression series, I had highlighted my concerns about the lack of transparency in ingredients of all the COVID-19 vaccines, which has been addressed by Council of Europe's Parliamentary Assembly, the same day (World Holocaust Day) I had raised these concerns. A recent Resolution by the Parliamentary Assembly of the Council of Europe will see the further regulation of social media on content relating to COVID-19. more

Emergence, Rise and Fall of Surveillance Capitalism, Part 1: Emergence

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

Freedom of Expression Part 4: Censorship, COVID-19, the Media and Assault on Freedom of Expression

As I write this, it is World Holocaust Day, 27th January 2021, a memorial of the atrocious events that shocked and outraged the conscience of humanity and gave birth to the Universal Declaration of Human Rights in 1948, the year that Holocaust victims majority of whom were Jews re-established the nation of Israel. Most of us can never begin to imagine the extent of the atrocities but relive the experiences through movies or documentaries, including but not limited to Spielberg's 1993 Schindler's List... more

The Netizen's Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Why the Internet is Not Like a Railroad

When one person transmits the speech of another, we have had three legal models, which I would characterize as Magazine, Bookstore, and Railroad. The Magazine model makes the transmitting party a publisher who is entirely responsible for whatever the material says. The publisher selects and reviews all the material it published. If users contribute content such as letters to the editor, the publisher reviews them and decides which to publish. more

.com Is A Clear and Present Danger to Online Safety

"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more

Reshaping Cyberspace: Beyond the Emerging Online Mercenaries and the Aftermath of SolarWinds

Ahmed Mansoor is an internationally recognized human rights defender based in the Middle East and recipient of the Martin Ennals Award (sometimes referred to as a "Nobel Prize for human rights"), On August 10 and 11, 2016, Mansoor received an SMS text messages on his iPhone promising "new secrets" about detainees tortured if he clicked on an included link. Instead of clicking, Mansoor sent the messages to the Canadian Citizen Lab researchers. more

NTIA Objects to Planned o.com Auction

According to media sources, the National Telecommunications and Information Administration (NTIA) wrote to Verisign last Friday, objecting to the company's plan to auction o.com to the highest bidder. The planned release for o.com - described by the Second Amendment to the .com Registry Agreement and intended as a pilot for the remaining reserved single-character .com names - involved an opaque consideration process that ignored community input and set aside hard-won trademark protections developed by stakeholders in order to maximize dollars earmarked for an unidentified cadre of non-profit organizations. more

International Law and Cyberspace: It's the "How", Stupid

The Internet has enhanced freedom of communication, ignored national borders, and removed time and space barriers. But the Internet sphere was never a law-free zone. Already ICANN's "Articles of Incorporation" (1998) constituted that the management of critical Internet resources has to take place within the frameworks of "applicable national and international law". more

How Ignorance Can Lead Mark Owners Astray in UDRP Proceedings

The great problem with ignorance is that it leads to disaster when one acts in the belief that he (and not infrequently a corporate "it") is invulnerable to error. The Uniform Domain Name Dispute Resolution Policy (UDRP) is fundamentally a straightforward rights protection mechanism, but as in all clearly written laws, ignorance of its application and of its evidentiary demands can (and generally does) lead to disaster. more

News Briefs

The Government of Niue Launches Proceedings With ICANN to Reclaim Its .nu Top-Level Domain

New Digital Services Act Should Not Disrupt Internet's Technical Operations, Warn RIPE NCC, CENTR

Russia Bans Sale of Smartphones, Computers and Other Devices Not Pre-Installed With Russian Software

China to Require Face Scan for Internet Access and New Phone Numbers Starting December

US Court Upholds FCC's Net Neutrality Repeal But Says States Can't Be Barred from Passing Own Rules

51 CEOs Call on US Congress for Urgent Nationwide Data Privacy Law Overriding State-Level Laws

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China's .cn

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

EU Court of Justice Ruling Could Result in Cutting Off Data Flows to US

Huawei Files Motion in US Federal Court Calling Ban Unconstitutional, an Assault on Human Rights

Qualcomm’s Licensing Practices Are Illegal, U.S. Judge Rules

Microsoft Sees Serious Appetite for Revised Privacy Laws in US, Says It's Time to Match EU's GDPR

US Federal Trade Commission Says It Lacks Resources to Go After Privacy Violations Effectively

No GDPR Action Against Any Big Tech Firms Since Law Imposed Last Year, Doubts Escalate Over Enforcer

UK Government Planning on New Laws for IoT Devices Including a Mandatory Security Labelling Scheme

Canada Says Facebook Has Refused to Address Serious Privacy Deficiencies Concerning Its Local Laws

US House of Representatives Pass a Bill to Restore Net Neutrality Rules Repealed by Trump's FCC

Thailand Passes Law Giving Sweeping Powers to State Cyber Agencies

Canada Considering Right to Repair Legislation Tackling Repair Monopoly Over Brand-Name Devices

Government Officials, Academia, and Advocacy Groups Say Time for US to Get Its Own GDPR

Most Viewed

Most Commented

Industry Updates

Participants – Random Selection