How Not to Stop Spammers
Spam Arrest is a company that sells an anti-spam service. They attempted to sue some spammers and, as has been widely reported, lost badly. This case emphasizes three points that litigious antispammers...
View ArticleMass Surveillance: A Turning Point in Internet History
So far, the debate on mass surveillance has dwelt on the immense resources made available to the agencies (NSA in the US, GCHQ in the UK), on the technological advantage that enables them to access any...
View ArticleSpam Arrest's Sender Agreement Fails Because Email Marketer's Employees...
People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved dramatically. Still, some anti-spammers hate spam so...
View ArticlePrivacy and the Future: Are We Good Trustees of the Internet?
"I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations."1 —James Madison,...
View ArticleICANN - Dispenser of Internet Justice
The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an...
View ArticleICANN and Your Internet Abuse
In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to...
View ArticleNJ Content Liability Law Ruled Inconsistent with Sec. 230 (just like in...
Unfortunate problems give rise to unfortunate solutions. Back in a time before most members of Congress or prosecutors knew that there was an Internet, there was Prodigy. Prodigy, as part of its...
View ArticleIn Which We Consider the Meaning of 'Authorized': GIVAUDAN FRAGRANCES...
"When I use a word,' Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less." "The question is," said Alice, "whether you can make words mean so...
View ArticleFiltering the Internet Is Still a Bad Idea: DCA, ABC, and Steroid Searches
A few days ago, ABC News ran an "investigative” piece called "Group Probes Ease and Danger of Buying Steroids Online." ABC describes the "group" at issue as "an online watchdog," the Digital Citizens...
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Registrars That Complied With "Shakedown" Requests May Now Be in Violation of...
At the time we posted 'Whatever Happened To Due Process,' we were unaware that we were just one of many registrars receiving these notices from the London (UK) Police. We have since been made aware...
View ArticleThe Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World...
Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third...
View ArticleThe Internet and OpenStand: The Internet Didn't Happen by Accident
On the World Standards Day of 2013 (October 14; see for example http://www.worldstandardscooperation.org/wsd.html), it seems appropriate to recgoznize that on the Internet and throughout the Web,...
View ArticleIs 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)
Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before...
View ArticleAnti-Consumer ICANN Can Not be Trusted To Protect Domain Registrants'...
Domain name registrants who purchase a name in any of the present or pending generic (gTLD) top level domains should think twice before entrusting a domain name property interest to ICANN, even though...
View ArticleBrazil Pushing Plans for Local Internet Data Storage Amid U.S. Spying
Brazil, seeking to protect its citizens from alleged U.S. spying, is pushing ahead with its plan to force global Internet companies to store data obtained from Brazilian users inside the country,...
View ArticleTPP IP Chapter Leaks Reveal New U.S. Proposed Regulations for Country-Code...
The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber...
View ArticleSpam-Friendly Registrar 'Dynamic Dolphin' Shuttered by ICANN
Neil Schwartzman writes: Brian Krebs is reporting in KrebsOnSecurity that ICANN last week revoked the charter of Dynamic Dolphin, a registrar that has long been closely associated with spam and...
View ArticleDon't Let Patent Wars Widen Digital Divide
For generations, large pockets of Africa were isolated from things many of us take for granted: access to medical treatment and advances that can make the difference between a healthy, productive life...
View ArticleCanada's Anti-Spam Law Coming Into Force July 01, 2014
Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today,...
View ArticleDomains Locked in London Police Takedown Ordered to Be Transferred
The National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual...
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