Cybersecurity Act of 2012 fails to move ahead in Senate

Posted On August 7, 2012
In Cybersecurity / Comments Off
Sponsors were unable to muster the 60 votes required to move forward with the legislation, following heavy lobbying against the bill by the U.S. Chamber of Commerce, the financial industry, and other interested constituencies, and despite an aggressive, coordinated push from the White House, reports Latham & Watkins. ... Read the full post ...

‘Inline link’ is an authorised communication for copyright purposes

Posted On August 3, 2012
In Copyright in Cyberspace / Comments Off
The Federal Court of Canada has ruled that providing an ‘inline link’ to a copyright work on the copyright owner’s website is not an infringement of copyright. The court recognised that the provision of the link amounts to a “communication of the work by telecommunication”, which is an act within the exclusive rights of the ... Read the full post ...

User-generated content on Facebook pages are subject to advertising standards

Posted On August 2, 2012
In Defamation in Cyberspace / Comments Off
The Australian Advertising Standards Board has ruled that a Facebook page may be considered a ‘marketing communication tool’ when used by an advertiser, reports King & Wood Mallesons. As a consequence of this ruling, advertisers are responsible for ensuring that all content on their promotional Facebook pages is in compliance with the Advertiser Code of Ethics, ... Read the full post ...

Megaupload cites lack of jurisdiction in attempt to dismiss US charges

Posted On August 2, 2012
In Copyright in Cyberspace, Jurisdiction in Cyberspace / Comments Off
Attorneys for Hong Kong-based Megaupload have filed a motion to dismiss the US government’s charges of mass copyright infringement, arguing that a foreign corporation that lacks a US office is not subject to jurisdiction within the United States (Arent Fox) Megaupload’s file-hosting services at one time claimed 180 million users and allegedly generated hundreds of ... Read the full post ...

US Cybersecurity Act advances in Senate

Posted On August 2, 2012
In Cybersecurity / Comments Off
The Cybersecurity Act of 2012 (S. 3414) moved one step closer to possible passage when the United States Senate voted 84 to 11 to allow an open amendment process when the bill is taken up for floor debate, Latham & Watkins report. The Bill still faces an uphill battle to passage in its present form, in ... Read the full post ...

Brand owners ‘crowdsource’ evaluation of new gTLD applications

Posted On July 27, 2012
In Domain Names, Trade Marks in Cyberspace / Comments Off
A group of brand owners has adopted a crowdsourcing approach to the ICANN public comment process for challenging new top-level domain name applications, BNA reports.   ... Read the full post ...

.nz domain name authority proposes opening second level

Posted On July 27, 2012
In Domain Names, Trade Marks in Cyberspace / Comments Off
The New Zealand Domain Name Commission is proposing to extend the .nz domain name space by allowing anybody to register domain names at the ‘second level’. Key features of the .nz proposals include: Registration of .nz domain names could be at the second or third levels on an ongoing basis. Existing second level domains (such ... Read the full post ...

Public interest groups take aim at FCC net neutrality order

Posted On July 26, 2012
In Governance of Cyberspace / Comments Off
Tech Freedom, the Competitive Enterprise Institute, Free State Foundation, and the Cato Institute filed an amicus brief yesterday with the Washington, DC Court of Appeals claiming that the US Federal Communication Commission’s 2011 “Preserving the Open Internet” order is unconstitutional (IP Watch) ... Read the full post ...

European Commission seeks public input on ‘net neutrality’

Posted On July 26, 2012
In Governance of Cyberspace / Comments Off
The European Commission has launched a public consultation seeking answers to questions on transparency, switching and certain aspects of internet traffic management, with a view to its commitment to preserve the open and neutral character of the Internet. The Commission plans to combine the information it receives from this open comment period with the recent findings ... Read the full post ...

How to dispute a new gTLD application

Posted On July 18, 2012
In Domain Names, Trade Marks in Cyberspace / Comments Off
ICANN announced on 13 June 2012 that it had received 1930 applications in the first round of the new gTLD program. The program includes mechanisms for disputing the grant of a gTLD. As Mintz Levin neatly summarized, there are four bases for submitting a formal objection: String Confusion Objection:  The applied-for gTLD string is confusingly similar to an ... Read the full post ...