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Associated blog posts
Author's Foreword
Although this article was first published just a few days ago, on May 8th, there have been several important intervening developments.
First, on May 10th ICANN released a News Alert on "NGPC Progress on GAC Advice" that provides a timetable for how the New gTLD program Committee will deal with the GAC Communique.iii Of...
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...
"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...
The Writing's On The Wall
Well it is not new that the US has always maintained that the Internet should be a tax free zone as per the US Congress's Tax Freedom Act 1998 (authored by Representative Christopher Cox and Senator Ron Wyden and signed into law on October 21 1998 by then President Clinton) which following expiry continued to be reauthorized and...
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 (see part one,...
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,...
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...
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause..."
—Fourth Amendment to the United States Constitution
There are two Bills that are floating through the corridors of power on the Hill that could...
ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited.
...In a potential test case for Europe, the French government on Monday ordered a big Internet service provider to stop blocking online advertisements, saying the company had no right to edit the contents of the Web for users. The dispute has turned into a gauge of how France, and perhaps the rest of Europe, will mediate a struggle between telecommunications providers against Internet...
Something [WCIT] this way comes1
It is midnight in Dubai and I am listening to the final readings of the International Telecommunication Regulations (ITR). This instrument is the final output of two weeks of negotiations at the World Conference on International Telecommunication (WCIT), a gathering of the world's nations to update the the ITRs...
Yesterday, in my post on three new threats in one day (click here), I posed the question whether it was necessary to develop regulations that would set a minimum standard on cyber security for devices that connect to the Internet. I'm having second thoughts here, which I'll explain below, but...
The cross-border nature of the Internet challenges an international system based on separate national jurisdictions. Unfortunately, discussions among governments on this growing tension easily spiral into ideological infighting about the application of sovereignty.
Early November however, 1600 participants from 100 countries gathered for the 7th annual Internet Governance Forum (...
At the Internet Governance Forum in Baku, I made an intervention on behalf of NL IGF, reporting on the recommendations given by the participants of Workshop 87. Participants...
ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations, to consider the 8-point policy requests sent by the Intellectual Property and Business Constituencies (IPC-BC) to the ICANN board and senior staff in a letter of 16 October 2012. ICANN's Non-Commercial Stakeholders Group (NCSG) sent a...
Last month, the Government of Malta published a White Paper for public consultation, proposing the introduction of four so-called "digital rights" in the Constitution of Malta. The proposal is indeed a step in the right direction but lacks punch where it matters most.
The proposed...
One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity.
In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and...
A law that aims to protect children from harmful internet content by allowing the government to take sites offline has taken effect in Russia. The authorities are now able to blacklist and force offline certain websites without a trial. The law was approved by both houses of parliament and signed by President Vladimir Putin in July.
Read full story:...
Over the past days a lot has been said and written on counter hacking by enforcement agencies. The cause is a letter Dutch Minister I. Opstelten, Security & Justice, sent to parliament. Pros and cons were debated and exchanged. Despite the fact that I...
The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet...
ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large...
Sen. Amy Klobuchar has introduced a new bill, the "Cloud Computing Act of 2012” (S.3569), that purports to "improve the enforcement of criminal and civil law with respect to cloud computing." Given its introduction so close to the election, it's doubtful this bill will go anywhere. Still, it provides an...
As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage —
• The Trademark Clearinghouse (TMC) is far along to detailed implementation but certain aspects are now being reconsidered as registries, registrars, and other parties raise issues of practicality and workability.
•...
In two recent debate events I participated in, on iFreedom and privacy in the online world, mistrust of government and government's intentions and motivations on and towards the Internet were abundantly present with more than just a few people in the audiences. The emotions were not new to me, no, it was the rationality that surprised and sometimes almost shocked me. Why? Well, should...
Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content.
A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated...
Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at...
Cybersecurity regulation is coming. Whether regulations intended to enhance critical infrastructure protection will be based on...
Australians may lose their right to privacy online if the attorney-general has her way.
Nicola Roxon's discussion paper is before a parliamentary inquiry. Proposals include storing the social media and other online and telecommunications data...
The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location".
When the Internet and...
The awkwardly named International Telecommunication Union Telecommunication Standardization Sector (ITU-T) by any measure is a highly unusual body. It is the only global intergovernmental organization where Nation States produce detailed technical standards for telecommunications. Even more amazing is that it produces these standards for a field that is so dynamic and globally competitive...
We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed...
The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a...
Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the...
The 'economies of scale' is an appealing concept implying that if we share knowledge in an open way we can create new, healthy economies that do not just depend on 'scale'.
As we have seen, over the last decade in particular, some of the companies that are trying to achieve exponential growth can endanger the economy and society in general — the global financial crisis...
U.S. Reps. Introduce Resolution to Bar UN Regulation of Internet
Even as we increasingly discover that every facet of our modern lives now revolve around, and are dependent on the Internet, for which reason its availability, functionality, safety,...
Don't worry about the bad guys turning out the lights. Worry about everything they're stealing while the lights are still on.
The theft of intellectual property ranging from Hollywood films to defense secrets is underway by cyber-criminals of various stripes. Maintaining control over intellectual property may be the single most important challenge to American economic security...
When a sniper ends the life of soldier Paul Bäumer in Remarque's "All Quiet on the Western Front," a laconic situation report from the frontlines recounts an unusually quiet day. In the grand scheme of things, nothing worth reporting has happened. Reading David Kravets' recent article in Wired brought this...
Efforts to take down websites for copyright infringement are likely to move beyond U.S.-based domain name registries, with ICANN promising to more closely cooperate with global law enforcement agencies and governments. During an open session with the Government Advisory Committee (GAC), the ICANN board...
In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been...
This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist.
There are two clauses to...
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Associated tags
Associated Link
All terms: http://archive.icann.org/en/news/press/kits/video-gac-advice-10may13-en.htm_, http://archive.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm_, http://archive.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm_, http://archive.icann.org/en/news/public-comment/proposed-raa-22apr13-en.htm_
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http://archive.icann.org/en/news/press/kits/video-gac-advice-10may13-en.htm_, http://archive.icann.org/en/news/public-comment/base-agreement-29apr13-en.htm_, http://archive.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm_, http://archive.icann.org/en/news/public-comment/proposed-raa-22apr13-en.htm_
All terms:
All terms: http://cdn.ca9.uscourts.gov/datastore/opinions/2010/08/03/10-55069.pdf, http://www.icann.org/en/news/litigation/iod-v-icann/order-granting-motion-dismiss-07feb13-en.pdf
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http://cdn.ca9.uscourts.gov/datastore/opinions/2010/08/03/10-55069.pdf, http://www.icann.org/en/news/litigation/iod-v-icann/order-granting-motion-dismiss-07feb13-en.pdf