[DNS] domain name news - 10 September

[DNS] domain name news - 10 September

From: David Goldstein <david>
Date: Mon, 10 Sep 2012 13:50:39 +1000
Don't forget to check out http://www.auda.org.au/domain-news/ for the archive of the last 3 months of the news.

And see my website - http://GoldsteinReport.com/ - for daily updates in between postings.


The domain name news is supported by auDA


The ITU and the Internet?s Titanic Moment by Patrick S. Ryan

us: Democratic Lawmakers Praise Internet Freedom Platform

ICANN?s Line in the Sand

Setting the GAC up to succeed

2.5 million .au registrations and growing

Kiwi.nz Registrations Opening September 11th

About the Timing of Those Withdrawn gTLD Applications

Big brands ask US for published list of known cybersquatters, other stuff

Seventh new gTLD bid withdrawn

ICANN?s seven-point test for borked new gTLD bids

au: Cyber security heads converge on Canberra [news release]

APNIC Apster Issue 34 August 2012

The ITU and the Internet?s Titanic Moment by Patrick S. Ryan
Try this: Mention the International Telecommunication Union (ITU) to a few casual Internet users, Netizens, or even the most senior-level computer programmers and technology experts and gauge their reaction. Few are likely to know what you?re talking about. Most will likely think you?re referring to either a telecommunications labor union or some kind of international working group.

us: Democratic Lawmakers Praise Internet Freedom Platform
Democratic lawmakers are praising language in their newly approved party platform that calls for protections for an open and free Internet.

Battle lines drawn ahead of debate on internet rules
The line that European companies and governments should take on future internet governance will be debated next week (9-14 September) in Copenhagen, with regulators, corporate lobbyists and liberty campaigners all preparing for a fight.

US to Retain Control of the Internet
The United States has indicated that it is not willing to relinquish control of the internet to the United Nations.

Yes, Vinton, There is a Human Right to the Internet by Kay Mathiesen
Abstract: A recent United Nations report asserts that states have an obligation ?to make the Internet widely available, accessible and affordable to all?.? I defend this claim against critics, such as Vinton Cerf (one of the founders of the Internet) who has argued that ?technology is an enabler of rights, not a right itself.?

Response to the consultation by the Body of European Regulators in Electronic Communications BEREC on Net Neutrality Policy by Joseph Savirimuthu
Abstract: This is a collaborative submission from a group of academics based in the UK with expertise in Information technology law and related areas. The preparation of the response has been funded by the British and Irish Law Education Law and Technology Association. The response has been co-ordinated by the Information Technology Think Tank, which is supported by the Arts & Humanities Research Council and led by the SCRIPT/AHRC Centre for Research and Intellectual Property and Technology, University of Edinburgh. This response has been prepared by Joseph Savirimuthu, a Lecturer in Law at the University of Liverpool. In addition, this response is submitted by the following individuals: Dr Subhajit Basu, University of Leeds, Mr Sefton Bloxham, Chair of BILETA, Mr Michael Bromby, Glasgow Caledonian University, Dr Abbe Brown, University of Edinburgh, Professor Joe Cannataci, University of Malta/University of Groningen, Dr Catherine Easton, Manchester Metropolitan University, Dr Martina Gillen, Oxford Brookes University, Mr Felipe Romero Moreno, Oxford Brookes University, Professor Abdul Paliwala, University of Warwick.

New gTLD Metering Update Webinar
ICANN continues to work toward the development of a process for metering delegations of new gTLD strings into the root zone. In keeping with the tentative roadmap posted 17 August we have scheduled a public consultation to be held with applicants and the community to discuss proposed solutions, collect additional information and answer any questions.

Pre-Toronto ICANN Policy Update Webinar Invitation
Whether you plan to participate in the upcoming ICANN meeting in Toronto remotely or in person, you're invited to an update on the background and current status of each major policy issue currently under discussion in ICANN.

New gTLD Application Change Request Process and Criteria
ICANN recently posted the process and criteria for evaluating new gTLD application change requests. Change requests are being evaluated and approved changes will be posted.

New gTLD Application Change Request Process and Criteria
Requests for changes to applications may be submitted to the New gTLD Customer Service Center (CSC) by following these 2 steps:

New gTLD Applicant Update (5 September 2012)
Review of Applicant Support Program to Begin This Month: ICANN created the Applicant Support Program to provide financial and non-financial assistance to qualifying new gTLD applicants. By the end of the application window we had received three applications that will now be reviewed by an independent Support Applicant Review Panel (SARP).

ICANN?s Line in the Sand
ICANN has long upheld the stance that its role, though critical to the everyday functions of the Internet as we know it, is very limited. In fact, on the Frequently Asked Questions page of ICANN?s website, it says the following:

ICANN Armageddon or Much Ado about Nothing? ? Manwin v. ICM and ICANN
Some readers may remember hearing about a court ruling from last month that made some waves in the domain name space. The Central District of California District Court ruled that the lawsuit filed by Manwin Licensing, the owner of YouPorn.com against ICM Registry, the operator of the .XXX gTLD, could proceed, indicating that ICANN is subject to U.S. antitrust laws. Many assumed that this ruling would mean that new generic-term gTLDs would be subject to antitrust laws, and therefore would be open to antitrust lawsuits. FairWinds? Counsel Steve Levy weighs in on this topic in a special post.

Setting the GAC up to succeed
Yasmin Omer, ARI Registry Service?s Policy and Industry Affairs Officer, explains why ICANN should offer the Governmental Advisory Committee an extra meeting in January to avoid further delays in the new TLD program.

Cloudnames CEO Expects ICANN To Rewrite Internet Protocols
While most of the comments on the SSAC report on ?dotless domains? are supportive of the recommendations one of them is completely opposed.

 - ccTLD & gTLD NEWS
2.5 million .au registrations and growing
According to recent figures released by .au Domain Administration Ltd (auDA) the .au domain space regulator, there are now over 2.5million .au domain names that have been registered.

Chilean Domain Registry Launch 1 Year Registrations
The Chilean domain name registry (.cl), which is celebrating its 25 years in existence has launched one year .cl domain name registrations. As of September 1st 2012 it is possible to register .cl domain names for either 2 years or 1 year.

New RFC published by WG co-chaired by Ond?ej Sur? of CZ.NIC
The current RFC (Request for Comments) number 6698 concerns a new technology that enables the verification of certification authorities on the basis of DNS.

Most exciting news ever: CX Domains coming to Name.com INTERNAL MEMO REVEALED
Hushed Golf Announcer Voice: Well another announcement has stirred the staff of Name.com. It turns out they'll be offering .CX domains, something that customers had been requesting.

IEDR Suffers Major Outage
IEDR is currently suffering a major outage. Since this afternoon none of the IEDR websites have been online, whois for the .ie cctld has been offline and all other services including registrations and updates have been unavailable.

More than one million .nl domain names secured with DNSSEC
SIDN, the company behind .nl, announced today that the Dutch country-code domain now has more than 1 million DNSSEC domain names. This milestone is reached exactely one month after the .nl domain became the internet domain with more DNSSEC-secured domain names than any other domain on the internet.

Kiwi.nz Registrations Opening September 11th
The .nz (New Zealand) domain registry has announced that provisional registrations under the new extension kiwi.nz will open from next Tuesday September 11th 2012. The new extension under .nz will not ?go live? until 500 registration requests have been received.

ictQATAR Releases 2011 Annual Report - Report Highlights Progress in Achieving Qatar?s 2015 National ICT Strategy
The Supreme Council of Information and Communication Technology (ictQATAR) has released its 2011 annual report, which covers the last fiscal year from April 2011-March2012. The report highlights the many achievements of the past year, showing progress towards attainment of the goals outlined in Qatar?s 2015 National ICT Strategy. ... The 2011 Annual Report is organized around the goals of Qatar?s 2015 National ICT Strategy, which are addressed through a total of 11 different programs and comprise nearly 60 unique projects. Some of the highlights of the 2011 Annual Report include: ... The Qatar Domains Registry (QDR) was launched, which offers Qatar specific domain names in both Arabic and Latin-scripts ( .qa and .??? ), helping foster a broader Arabic digital presence.

Rwanda to gain control of its top web domain
Rwanda looks set to gain control over its own web domain, ?.rw? (ccTLD) after a seven-year long process of transferring it from Belgium.

BVI moves to strengthen local Internet
Internet users in the British Virgin Islands will soon benefit from a faster, more resilient service when the territory gets its own Internet DNS server.

The Votes are In, but the Jury?s Still Out on Batching
On Thursday, ICANN will host another one of its New gTLD Program Applicant Update webinars to update applicants on topics ?of interest? to them. One of those topics, of course, is the ongoing progress toward adopting a solution to resolve the issue of application batching/metering/sequencing once and for all.

About the Timing of Those Withdrawn gTLD Applications
Last month, I questioned the accuracy of ICANN?s gTLD database after announcements that three (and, later, six) applications had been withdrawn ? yet the online database continued to show no withdrawals.

Here Are the First Four New gTLD Applications That Have Been Withdrawn
Nearly one month after ICANN announced that three of the new gTLD applications had been withdrawn (and on the eve of a webinar on the ?Application Evaluation Progress?), ICANN?s online database finally has been updated ? to show that four applications have been withdrawn.

Top-Level Domain Survey Findings Not Surprising, But Still Concerning
MarkMonitor recently completed a survey of our corporate client base in an effort to uncover important domain name trends relating to defensive domain name registrations, New gTLDs, and Whois accuracy.

Big brands ask US for published list of known cybersquatters, other stuff
A public, published list of repeat cybersquatters was among the demands that the trademark lobby took to a meeting with the US government in Washington DC yesterday.

Seventh new gTLD bid withdrawn
ICANN has now received seven requests to withdraw new gTLD applications, according to documentation published today.

ICANN?s seven-point test for borked new gTLD bids
ICANN has published a set of seven criteria for judging whether new TLD applicants should be allowed to change the details of their applications.

Google junks three of its new gTLD applications
The identities of the first four new gTLD applications to be withdrawn have been revealed by ICANN.

Festival of Top-level Domains for Twin and Partner Cities of Moscow
More than 1,000 Muscovites and Guests of Russia's Capital Took Part in the Festival of Top-level Domains for Twin and Partner Cities of Moscow. The festival was organised by RU-CENTER, the Russian leading registrar, and the Foundation for Assistance for Internet Technologies and Infrastructure Development (FAITID).

ICANN Announce TLD Application Change Request Process and Criteria
Shortly after ICANN announced the new TLD applications list it became evident that some applicants may have made mistakes in their applications. For the last couple of months there has been a lot of chatter in the ICANN community about how ICANN would handle changes to the submitted applications.

My Proposal To ICANN For Metering New TLDs
According to their recently published Roadmap, ICANN is now seeking feedback from the community about how best to delegate or ?meter? out new TLDs into the root. They aren?t prepared to roll out 1000 new TLDs in a single shot, and the idea of random batching (formerly Digital Archery) is off the table. So what?s left?

How to change your new top level domain application
Domain Name Wire was first to report back in June that ICANN was working on a plan to allow new TLD applicants to modify their applications.

Going to the Chapel... The New gTLDs A Boon for Weddings
... The new TLD .wedding, which should become available for registration in the near future, has the potential to become very popular with brides and grooms wanting to create a dedicated website for their wedding and the events leading up to the big day.

Cyber attacks grow increasingly "reckless," U.S. official says
Other nations are increasingly employing cyber attacks without "any sense of restraint," a top U.S. cybersecurity official said on Friday, citing "reckless" behaviours that neither the United States nor the Soviet Union would have dared at the height of Cold War tensions.

Hacktivists Launch DDoS Attacks on UK, US and Swedish Government Websites
Hacktivists have launched a series of DDoS attacks on UK, US and Swedish government websites in the latest leg of a campaign to embarrass countries seen as pursuing Wikileaks founder Julian Assange.

What the Anonymous attacks on MI5 and MI6 tell us
As Infosecurity reported yesterday, both the MI5 and MI6 websites were attacked by Anonymous in the name of OpFreeAssange. Both sites were down for about an hour, demonstrating that few sites can withstand a concerted DDoS attack.

au: Cyber security heads converge on Canberra [news release]
Securing Australia?s online future will be hotly debated today as leading international and Australian experts present at a two day conference in Canberra.

US jails hacker who sold access to hijacked PCs
A US hacker who sold access to thousands of hijacked home computers has been jailed for 30 months.

Is It Time for a Breakthrough in Securing Cyberspace? by Veni Markovski
This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow.

Brands: Richemont?s Russian victory is legal landmark
Earlier this year Patrizio Bertelli, the head of Prada, stirred up a storm in the world of fashion by declaring: ?We don?t want to be a brand that nobody wants to copy.? ... This year has been a bumper one for the IP lawyers, with high-profile suits ranging from Gucci and Guess?s wrangle over shoe trademarks, to Burberry?s successful pursuit of Chinese counterfeiters. ... Fresh from its Russian victory, Richemont has been an enthusiastic filer. So far it has applied to secure the right to domains named after no fewer than 10 of its brands.

us: Members of Congress Demand Answers for Homeland Security?s Unjust Domain Name Seizures
This morning, a bipartisan group of Representatives, led by Rep. Zoe Lofgren (D-Calif.), sent a pointed letter to Attorney General Eric Holder and the Secretary of Homeland Security Janet Napolitano protesting the recent spat of domain name seizures?executed on dubious copyright grounds?that have been censoring websites with no due process.

Acronyms as domain names, and generic and descriptive words in domain names
Two significant domain name decisions by The Hon Neil Brown QC have been the subject of comment in the prestigious newsletter of Hogan Lovell, the large intellectual property law firm. In one decision, a controversial decision that has given rise to a lot of debate, Mr. Brown was in a minority and delivered a dissenting opinion. In the other, he was with the majority and joined in the unanimous opinion of the panel.

Pinterest gives legal punch to 'serial cybersquatter'
Sick of a Chinese cybersquatter allegedly snatching dozens of domain names similar to Pinterest, the company files a lawsuit on charges of cyberpiracy, trademark infringement, and more.

Manwin Files More Cybersquatting Suits Over YouPorn, Tube8 Variants
Manwin yesterday filed two additional cybersqatting suits over seven websites that use YouPorn and Tube8 variants in domain names.

us: DHS domain name seizures draw ire of House members
Three members of the House Judiciary Committee have voiced their concerns to Attorney General Eric Holder and Homeland Security Secretary Janet Napolitano regarding the DHS's seizure of domain names as part of Operation In Our Sites.

Google Gains Control Of 43 Domain Names In 2 Separate UDRP Decisions
In two separate UDRP decisions handed down today, Google won control of 43 domain names.

Libyan Embassy Loses Cybersquatting Case
Want to find the Libyan embassy's website? It's not at libyaembassy.com. Or libyanembassy.com. Those sites redirect visitors elsewhere. But a Washington federal judge ruled Thursday that the man who owns those domain names isn't doing anything illegal.

Libya loses anticybersquatting lawsuit
Libya and its embassy lose a domain name lawsuit that started well before Gaddafi?s overthrow.

UDRP inconsistency alert: Oakley wins one ?fake? case, loses the other
A couple weeks ago I wrote about how Oakley lost a UDRP case over the domain name MyFakeOakleySunglasses.com. The panelist in that case, Houston Putnam Lowry, ruled that the domain name was not confusingly similar to Oakley?s mark because it contained the word ?fake?.

 - IPv4/IPv6
Transition Space by Wesley George, Time Warner Cable
Recently, the Internet Engineering Task Force (IETF) approved and the Internet Assigned Numbers Authority (IANA) allocated a new IPv4 address block ( designated for use as "Shared Transition Space" in support of the IPv6 transition. This decision was highly controversial within the different standards and policy bodies that discussed the idea.

IP Fast Reroute by Russ White, Verisign
The field of network and protocol engineering has three watchwords: faster, bigger, and cheaper. Although we all know the joke about choosing two out of the three, the reality of networking is that we have been doing all three for years?and it doesn't look like there is any time on the horizon when we will not be doing all three.

New Zealand proposal helps APNIC past year-long policy roadblock
For over a year now, members within the APNIC region have been debating policy to deal with how the region's largest networks are allocated next-generation IPv6 addresses.

Globe Business key in client shift to IPv6 technology
Key officials from Globe Business have confirmed that it has enabled more of its clients to adopt Internet Protocol version 6, or IPv6, as its core network now currently supports this new Internet protocol (IP) addressing scheme. 

Network Service Models and the Internet by Geoff Huston
In recent times we've covered a lot of ground in terms of the evolution of telecommunications services, riding on the back of the runaway success of the Internet. We've taken the computer and applied a series of transformational changes in computing power and size, battery technology and radio systems to create a surprising result. We've managed to put advanced computation power in a form factor that fits in the palm of my hand, and couple it with a communications capability that can manage data flows of tens if not hundreds of megabits per second. All in a device that has as few as two buttons! But a few clouds that have strayed into this otherwise sunny story of technological wonder.

ca: Cloud Computing Still Causes a Storm of Confusion, Controversy
That was the marketing slogan on top of a recent promotional e-mail about new cloud computing services. ... If anything, then, the cloud is a series of IXPs ? and the Canadian Internet Registration Authority, the organization that manages the .CA Internet domain, says we don?t have enough of them.

Studienkreis No. 12, Oslo, Norway by David Maher
Last week, I visited Oslo to deliver a speech at the ICANN Studienkreis, an annual conference where experts study and address some current issues relating to legal and regulatory aspects of the Internet. This was the twelfth meeting of the group; the Studienkreis had its first meeting in Leipzig in 2000 as a forum primarily for Europeans interested in ICANN and its role as coordinator of the domain name system. Since then the participants have come from many countries both within and outside Europe.

APNIC Apster Issue 34 August 2012
Paul Wilson on the IGF, Geoff Huston: APNIC at WCIT 2012, Reflections on the World IPv6 Launch, APNIC Training Report: July 2012, India NIR recognized and much more!

How Google Changes Algorithms ? Straight From The Horse?s Mouth
There are literally thousands of sites that proclaim absolute knowledge on the tips and tricks that work to get your webpage to rise in the ranks of a Google search. Unfortunately these sites are often outdated because Google changes its ranking algorithms more than once a day. While some of these are minor changes that only affect a few sites or a single element for a single term, others like the Panda and Penguin updates can cause a major shakeup in wide ranging search results. Entire domains can tank in moments.

Naresh Ajwani re-elected to NRO NC
APNIC is pleased to announce that Naresh Ajwani has been re-elected as a representative to the Number Resource Organization Number Council (NRO NC) for the APNIC region. He will begin another two-year term on 1 January 2013.

Most Reliable Hosting Company Sites in August 2012
Qube Managed Services, a London-based company which specialises in virtual hosting, was the most reliable hosting company in August. With infrastructure in London, Zurich and New York, they provide Virtual Data Centres and Managed Hosting in addition to server co-location.

New Heart Internet Feature Helps Customers Sell Unwanted Domains through Control Panel
UK web hosting provider Heart Internet announced on Thursday that it has added a new feature to its control panel that allows customers to sell their unwanted domains.

BT Global Services Extends Cloud Infrastructure Services to Brazil, Columbia
UK IT cloud services provider BT Global Services announced on Friday it has extended two services of its BT Compute portfolio to Brazil and Colombia, with availability in Mexico planned for later this year.

Clint Eastwood proves that as long as there?s news, there will be domain registrations
Clint Eastwood?s speech at the Republican National Convention last Thursday gave 24 hour news networks and election watchers something to talk about for the next few days.

Year's 2nd Biggest .Org Sale Tops Chart After .Com's Six-Figure Sales Streak Finally Ends 
After five straight weeks of six-figure .com sales, the streak finally came to an end this past week as the domain aftermarket took a breather. Actually, it was more like a long siesta, as only 11 five-figure sales were posted. Normally every spot on our weekly all extension Top 20 Sales Chart reaches that level but the slowdown allowed nine four-figure sales to qualify this week.

Keynote Speaker Named for T.R.A.F.F.I.C. 2012 Conference Coming Up Next Month on Fort Lauderdale Beach 
Declan Dunn, a man who has been referred to as the "King of Affiliate Marketing", has been chosen as the keynote speaker for the 2012 T.R.A.F.F.I.C conference coming up October 7-10 at the Ritz Carlton on Fort Lauderdale Beach.

Copyright Fraud in the Internet Age: Copyright Management Information for Non-Digital Works Under the Digital Millennium Copyright Act by Russell W. Jacobs
Abstract: With the advent of the digital age, authors of creative works enjoy the benefits of quickly and inexpensively distributing their works to global audiences. These developments have unfortunately led to the negative consequence that pirated, unauthorized, or altered copies reach potential users before the creator of the work releases the authentic version according to his or her terms. The Digital Millennium Copyright Act of 1998 sought to address some of these concerns by punishing circumventions of technologies controlling access to copyrighted works (17 U.S.C. ? 1201) and by protecting ?copyright management information,? i.e. the data identifying the author and the terms of use of a copyrighted work (17 U.S.C. ? 1202).

Law and the Open Internet by Adam Candeub and Daniel McCartney
The FCC has issued a new set of Internet access regulations and policies (namely Preserving the Open Internet Broadband Industry Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which would prohibit broadband service providers like AT&T or Comcast from discriminating against unaffiliated content providers. The FCC's proceedings, and the network neutrality debate, concentrate on two economic questions: (1) whether to broadband service providers can or will steer traffic to affiliated content limiting consumer access, and (2) how to preserve the Internet's capacity for creativity and innovation.

Behavioral Advertising: The Cryptic Hunter and Gatherer of the Internet by Joanna Penn
In an era where three out of every four Americans have Internet access, the term "surfing" has transformed from riding waves into running the risk of having private information gathered, stored, and disseminated?all without the user's knowledge or permission. This newfound online practice, known as "behavioral advertising," is a veritable goldmine for those companies that know the game. But will the FTC or Congress soon make new rules concerning how to play?

Putting the ?war? in cyberwar: Metaphor, analogy, and cybersecurity discourse in the United States by Sean Lawson
Abstract: Public policy discourse about cyber security in the United States is dominated by a metaphor of war and analogies to the Cold War. This essay critically evaluates the contradictory tendency within U.S. cyber war discourse to see cyber conflict as simultaneously revolutionary and unprecedented, but also amenable to the tenets of Cold War nuclear deterrence.

Three songs and you are disconnected from cyberspace??? Not in Germany where the industry may ?turn piracy into profit? by Sandra Schmitz & Thorsten Ries
Abstract: Musical and cinematographic works are shared on a large scale via the Internet, often disrespecting copyrights. State initiatives seek to curtail online copyright infringements in different ways; the latest being graduated response schemes, where the alleged infringer is initially warned twice before he is sanctioned. In this context questions arise inter alia as regards the identification of the actual infringer, information rights of the rightsholder, reliability of tracking methods or judicial review of the allegations.

The Three Strikes And You Are Out Challenge by Felipe Romero Moreno
Abstract: The UK Digital Economy Act 2010 (DEA), which comprises graduated response measures intended to prevent virtual intellectual property (IP) contravention has generated heated debate. While some research has started to investigate the provisions for dealing with online copyright infringement, little attention has been paid to the fact that technology is fast exceeding the confines of this legislation. Drawing on, inter alia, the provisions of the DEA, a number of online copyright infringement cases and some European Court on Human Rights (ECtHR) jurisprudence, this paper evaluates the suitability of the graduated response approach to copyright enforcement where internet subscribers alleged to be unlawfully file-sharing will be disconnected from the internet following increasingly strong warnings.

Privacy in Cyberworld: Why Lock the Gate After the Horse Has Bolted? by Lisa Hannah Collingwood
Abstract: In this paper, the author sets out to critique the way in which the principles of off-line privacy protection apply in an on-line environment. The UK approach will be focused upon, the objective being to consider what (non-celebrity) on-line claimants might expect in bringing a privacy violation claim through the domestic courts. The essential characteristics of communicating on-line will be examined so as to explore the nature of an action in misuse of private information and the potential hurdles that require to be overcome before a claim in privacy violation can be remedied at common law.

Social Media Privacy - A Dozen Myths and Facts by Lothar Determann
Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. No one seems to claim that social media is the final frontier or even a particularly revolutionary frontier. After all, media and social networks have been around for thousands of years in one form or another. But, most are genuinely fascinated with the new opportunities, risks, and questions presented by the recent rapid rise of novel technology platforms that allow people all over the world to connect and communicate in new ways.

Virtual Crimes, Real Damages Part II: What Businesses Can Do Today to Protect Themselves from Cybercrime, and What Public-Private Partnerships are Attempting to Achieve for the Nation of Tomorrow by Fernando M. Pinguelo, Wayne Lee & Bradford W. Muller
In their first piece, Virtual Crimes, Real Damages: A Primer on Cybercrime In the United States and Efforts to Combat Cybercriminals, Pinguelo and Muller offered a straight-forward discussion of the major forms of cybercrimes affecting the government and business community today, along with a review of federal efforts to combat cybercrime and a compilation of federal and state cyber-related statutes and pending legislation.

Finding Jurisdiction to Regulate Google and the Internet by Conall O'Reilly
Abstract: In the recent case of Football Dataco v Sportradar, the High Court determined that questions of online jurisdiction hinge on the location of the web-server at hand.This paper aims first to highlight the flaws of this approach and, using Google's privacy policy as an example, to draw attention to the online dangers that it facilitates.

>From Archie to Google: Search engine providers and emergent challenges in relation to EU competition law by Aysem Diker Vanberg
Abstract: Search engines are crucial for locating and accessing the vast amount of digital content. Hence they are subject to close scrutiny by the media, governments and scholars. On November 30, 2010, the European Commission opened an antitrust investigation into allegations that Google Inc. has abused a dominant position in online search in violation of Article 102 of the Treaty on the Functioning of the European Union (Article 102 TFEU). The investigation sparked an ongoing debate in relation to the potential for anti-competitive conduct by search engines, in particular the potential for abuse of dominance.

Finding a Common Ground in the Quicksand of Online Defamation Developments by Lawrence Siry & Sandra Schmitz
Abstract: Nowhere is the world smaller than on the Internet. With one mouse click, people from across the globe can re-acquaint themselves with old friends, research the unknown, read newspapers from faraway places and times. As the world cyber-shrinks, the ways in which governments and courts attempt to control the information on the web has become diverse and contradictory. Issues of national interest and international jurisdiction have stretched across all aspects of the web. We must find a more cooperative, coherent and consistent international policy, one which fosters the free flow of information, while protecting personality rights.

Name Suppression Orders and Web 2.0 Media: the New Zealand Experience by Jonathan Barrett
Abstract: This commentary discusses the impact of Web 2.0 media on name suppression orders in New Zealand criminal trials. Specific consideration is given to offenders who are well known as they are most likely to attract the attention of bloggers.

Copyright enforcement measures: the role of the ISPs and the respect of the principle of proportionality by Alexandra Giannopoulou
Abstract: In their effort to enforce a regulation system on the internet, several countries introduced the graduated response system (otherwise known as ?three strikes and you?re disconnected?). Since then, it started gaining popularity all over the world whether in a legislated form or in a form of private agreements between major copyright holders and internet service providers. On an international level, the final version of the Anti-Counterfeiting Trade Agreement (ACTA) was published on 3 December 2010. Although it does not directly suggest the application of a graduated response system, it establishes a legal ground on which member states can justify the instauration of such a system.

Response to the Consultation ?Regulating On-line Gambling in the EU: Recent Developments and Current Challenges from the Internal Market Standpoint? by Abhilash Nair & Dinusha Mendis
Abstract: This is a collaborative submission from a group of academics based in the UK with expertise in information technology law and related areas. The preparation of this response has been funded by the Information Technology Think Tank, which is supported by the Arts and Humanities Research Council and led by the SCRIPT/AHRC Centre for Research in Intellectual Property and Technology, University of Edinburgh.

Countering the dangers of online pornography - shrewd regulation of lewd content? by Julia Hornle
Abstract: This Article will detail how the UK has responded to the greater risks posed by illegal online content by successively extending the reach of the substantive criminal laws and by taking preventative measures. It will focus on the example of laws on obscene content on the internet and associated online behaviour and in particular on the ?grooming? offences, the law on extreme pornography and virtual child abuse images. An assessment of these offences against the ?harm principle? is made and while the internet?s role in facilitating such offences is acknowledged, the article argues that in some respect the legislation has overshot the mark.

Jurisdiction for Human Rights Violations on the Internet by Gregor Heissl
Abstract: The lack of regional confinement is the Internet?s main characteristic feature. Due to that the determination of jurisdiction for probable third party Human Rights violations is challenging. Existing regulations are strongly related to certain territories. This essay discusses a new approach from the US-American legal order including the aiming of the information.

Google Struggles to Unseat Amazon as the Web?s Most Popular Mall
Whether you are looking to buy a power tool or neon jeans online, chances are you start your search on Google or Amazon.com. But which one?

Email Will Never Die: The Man Who Invented It Reveals Why
Texting, instant messaging, Facebook, Twitter - we have dozens of ways to pass a message from one user to the next, and yet we keep coming back to email. Why? According to the man who sent the first one, because there's still nothing quite like it.

Data Analysts Seek to Make Social Media More Useful
It?s not easy turning the Mayberry Police Department into the team from CSI, or turning an idea for a new type of social network analysis into something like Klout on steroids, but those types of transformations are becoming ever more realistic. The world?s universities and research institutions are hard at work figuring out ways to make the mountains of social data generated every day more useful and, hopefully, make us realize there?s more to social data than just figuring out whose digital voice is the loudest.

nz: OMG Facebook confessions condemned
A Facebook page boasting of sordid sexual exploits, robberies and misadventures has painted Hawke's Bay as a hotbed of morally questionable behaviour - and home to a good many people with poor spelling and grammar.

nz: Cops monitor Hawke's Bay confession sites
The latest in a string of explicit Facebook confession pages targeting Hawke's Bay people are being monitored by police, who warn content could land so called "anonymous" posters in trouble with the law.

au: NRL star Robbie Farah subjected to vile Twitter abuse [AAP]
NSW Premier Barry O'Farrell says he will work with the federal government to toughen laws to punish internet trolls after footballer Robbie Farah copped abuse on Twitter.

au: Farah troll should be nervous, says O'Farrell
NSW Premier Barry O'Farrell says the person who sent a vile tweet to Wests Tigers captain Robbie Farah should be "a bit nervous" after Twitter users identified their IP address.

Parents have responsibility for stopping their children looking at internet pornography says Maria Miller
Parents should be the first to take responsibility for stopping their children looking at internet pornography, the new Culture Secretary has said. Maria Miller said calls demanding internet companies block access to hardcore online porn as a default setting would be considered by the Government.

nz: 'Terrible' internet role models
Many adults are terrible role models for children when it comes to using the internet, an online technologies safety adviser says.

au: Optus to shut down TV Now after losing appeal
Optus will shut down its web-based TV recording service after exhausting all its legal opportunities in a battle against the AFL, NRL and Telstra.

au: High Court sends Optus web appeal back to MPs
The task of modernising Australia's copyright laws is now in the hands of Parliament, with the High Court refusing to hear Optus' appeal about its web-based television recording service.

WhatsApp: Popular Free Messaging Service Puts Users At Risk
For months, free smartphone instant messaging service WhatsApp has been topping the download charts. It is a favorite application for both iPhone and Android users. To the annoyance of cell phone providers, WhatsApp has become a kind of quasi replacement for the old fee-based SMS. According to WhatsApp developers, their servers handle over 10 billion messages per day.

A Firefox Smartphone for the Developing World
The smartphones going into the world?s next two billion pairs of hands may not belong to either Google or Apple, but to Mozilla.

The New Smartphone Incrementalism: Tiny advances are loudly proclaimed as the industry battles over fractions of an ever-vaster global mobile market.
If Wednesday's announcements from Nokia and Motorola said anything about the next smartphone era, it is that the war started by Apple when it launched the iPhone in 2007 is turning into a lengthy trench battle of technological incrementalism.

Regulators approve UK mobile payment joint venture between Everything Everywhere, Vodafone and O2
With the likes of Google, Apple developing their own mobile payment services, a group of UK network providers have joined forces in a bid to roll out their own cross-network, mobile marketing platform and gain a foothold in the UK market ahead of the competition.

Apple boycotts Vodafone NZ's new Green ratings
Vodafone introduced a new Eco Rating system for mobile phones yesterday. The idea is to give Kiwis a fix on which cellphone models have the best green rating. A single score out of five is delivered after questions on 200 criteria are asked of handset manufactures.

For Now, Taxi Office Says, Cab-Hailing Apps Aren?t Allowed
One day after a start-up company unveiled an app allowing yellow-taxi drivers and passengers to find one another, New York City issued this gentle reminder: Smartphone apps may be the future of hailing a taxicab, but at least for now, their time will have to wait.

Mobile phone shipments in China hits 40.9M in August
During August, mobile phone shipment in China grew 0.9 percent year-on-year to reach 40.9 units while local brands took up more than a quarter of market share during the first eight months of 2012.

us: HTC may be able to seek import ban on LTE iPad and new iPhone
Summary: Apple won a major case against Samsung, but all may not be rosy for Apple as patents that HTC owns are holding strong at the moment. Apple screwed up HTC's EVO 4G LTE launch and now HTC may return the favor with the new iPhone.

Spam from 'friends' is actually result of Facebook hole
Are you getting spam that has a Facebook friend's name listed as sender but was actually sent from an unknown e-mail address? Me too.

Germany pushes for an end to massive fines for hijacked Wi-Fi
Wi-Fi network owners in Germany look set to get an easier legal ride when their WLANs are used by criminals.

au: Criminals target mobiles, networking
Mobiles phones and social networking sites have become the new frontier for cyber criminals who are stealing passwords and personal information by taking advantage of people's cluelessness.

Identity theft a concern for Australians - research shows [news release]
Almost 90 per cent of Australians surveyed are concerned about identity theft and 61 per cent think identity theft will increase over the next 12 months according to new research released today.

Alsup on Googacle Shill Order: Never Mind
U.S. District Judge William Alsup's investigation into financial relationships that Google and Oracle had with bloggers or other commenters on their heavyweight IP case has come to a quiet end.

Average Singaporean loses more money to cybercrime
Increase in cash cost from cybercrime coupled with dip in scale of citizens affected have led to a rise in amount lost by each citizen to US$657, compared to global average of US$197, reveals Norton report.

Cyber attacks grow increasingly "reckless," U.S. official says
Other nations are increasingly employing cyber attacks without "any sense of restraint," a top U.S. cybersecurity official said on Friday, citing "reckless" behaviours that neither the United States nor the Soviet Union would have dared at the height of Cold War tensions.

Hacktivists Launch DDoS Attacks on UK, US and Swedish Government Websites
Hacktivists have launched a series of DDoS attacks on UK, US and Swedish government websites in the latest leg of a campaign to embarrass countries seen as pursuing Wikileaks founder Julian Assange.

What the Anonymous attacks on MI5 and MI6 tell us
As Infosecurity reported yesterday, both the MI5 and MI6 websites were attacked by Anonymous in the name of OpFreeAssange. Both sites were down for about an hour, demonstrating that few sites can withstand a concerted DDoS attack.

au: Cyber security heads converge on Canberra [news release]
Securing Australia?s online future will be hotly debated today as leading international and Australian experts present at a two day conference in Canberra.

US jails hacker who sold access to hijacked PCs
A US hacker who sold access to thousands of hijacked home computers has been jailed for 30 months.

Is It Time for a Breakthrough in Securing Cyberspace? by Veni Markovski
This year in July gen. Keith Alexander, director of the National Security Agency and head of the US Cyber Command participated at DefCon, the hackers conference in Las Vegas. In his address, gen. Alexander said, among other things, "This is the world's best cybersecurity community. In this room right here is the talent our nation needs to secure cyberspace."... As someone, who is regularly meeting the top Russian cyber folks, I already know (unofficially, of course) how the words of gen. Alexander were met in Moscow.

The Battle for Privacy Intensifies in Australia
Australians are fending off threats to their right to privacy from all directions. First, there was Australian Attorney General Nicola Roxon?s push to expand government online surveillance powers, submitted to Parliament in a package of reforms sought in a National Security Inquiry.

Plus ?a change: An internet campaigner is released from prison
April 23rd 2002 was a turning-point in American internet companies? relations with China, though few knew so at the time. On that day Beijing?s state-security bureau requested information from the Beijing office of Yahoo!, an American internet company, about the creator of an online forum, as well as e-mail registrations and messages, in a case of what the bureau called ?inciting subversion?. Yahoo! complied with this notice and another one that year, and soon the authorities had detained Wang Xiaoning, a democracy activist who had anonymously been using the forum and e-mail accounts to press for free elections. He was sentenced to ten years in prison.

ru: Major threat to news coverage from law "protecting minors" online
Reporters Without Borders reiterates its condemnation of the confusion resulting from a new law intended to protect minors from "harmful" content, which takes effect today. Approved by the Duma in July, it allows the authorities to compile a website blacklist.

Cyber dissident Wang Xiaoning freed but many Chinese netizens still in prison
Reporters Without Borders acknowledges the release today of the cyber dissident Wang Xiaoning.

Internet Stirs Activism in Vietnam: Social media-based attacks on foreign policy connect Vietnamese diaspora and activists
As in many other authoritarian countries, the internet has opened up doors for dissent and social criticism, but in Vietnam, it also connects the diaspora and draws critiques of the country?s foreign relations.

Tunisia deletes Internet censorship policies
Government representatives in Tunisia have confirmed that the country has officially brought its stringent Internet censorship policies - known as ?Ammar 404? ? to an end. According to Information and Communication Minister Mongi Marzoug this has been brought on by the recent revolution in Tunisia and the interim government will now try to promote access to information and freedom of expression.

Southeast Asia's unpolished gems show promise
Cambodia, Myanmar and Laos all have the potential to be the next growth engine for the Southeast Asia region and IT vendors see the market opportunities available in these markets. However, they need to improve their basic infrastructure, particularly Internet development, in order to realize this potential. ... This lack of a robust telecommunications infrastructure was also picked on by Paul Wilson, director general of Asia-Pacific Network Information Center (APNIC). He said having this set up is essential to the maintenance of a competitive, efficient and secure Internet infrastructure environment.

nz: Good news, bad news on software patents by Vikram Kumar
OPINION: Despite the heat and noise, there is remarkable alignment between Government and the majority of the New Zealand software industry on software patents. Specifically, that software should not be eligible to be patented. Copyright protection is sufficient. Both also agree that an otherwise patentable invention should not be barred from being patented simply because it uses software ("embedded software").

au: Data retention proposal 'raises more questions than it answers,' says IIA executive
The Internet Industry Association has asked for more information on the government?s proposal to require retention of Internet user data for two years, IIA CEO Peter Lee said in an interview with Computerworld Australia. Lee, who became the IIA?s CEO in July, said other current areas of focus include updating the iCode and reforming copyright laws.

Critics concerned trade agreement will include SOPA language [IDG]
As the U.S. and eight other nations negotiate a wide-ranging trade agreement, several digital rights groups said they're concerned that the Trans-Pacific Partnership (TPP) will bring back controversial copyright-enforcement provisions pushed by some U.S. policymakers in recent years.

uk: Wikipedia founder Jimmy Wales attacks government's 'snooper's charter'
Jimmy Wales, the founder of Wikipedia, has sharply criticised the government's "snooper's charter", designed to track internet, text and email use of all British citizens, as "technologically incompetent".

uk: Sir Tim Berners-Lee accuses government of 'draconian' internet snooping
The inventor of the world wide web, Sir Tim Berners-Lee, has accused the government of invading the privacy by monitoring internet use.

uk: Internet 'snooper's charter' could jeopardise national security, ISPs warn
Plans to record every Briton?s online activity and mobile phone use could put national security at risk and may not even be technically workable, internet companies have warned MPs.

French publishers want to charge Google for republishing articles [IDG]
French publishers have relaunched a discussion about the republishing of headlines and the first paragraph of articles by Google and other search engines without compensating the provider of the content. Plans to craft a law that allows publishers to charge search engines are back on the table after the German cabinet gave its support last week to a draft law that aims to do precisely that, said the French National Magazine Publishers' Society (SEPM).

Congress Members Demand USTR Tell the American People What's Going on With the TPP and its Impact on Digital Freedom
US Congressional Representatives Ron Wyden and Darrell Issa insist that the American people have a right to know what the US is seeking in the Trans-Pacific Partnership Agreement (TPP) with respect to intellectual property rights (IPR).

Congressional Report: US Is Negotiating TPP as if Fast Track Authority Still Exists and its IP Provisions Go Beyond International Standards
On September 5th, the Congressional Research Service (CRS), a non-partisan governmental body that provides policy and legal analysis for all members and committees of US Congress, published a 55-page analysis of the Trans-Pacific Partnership Agreement. While the CRS does not clarify if it had access to the complete current TPP text, they examine the Trans-Pacific Partnership agreement (TPP) within the broader context of multilateral and bilateral trade relations and international market access.

Interview with the ACLU: TPP Is a Major Threat to Free Speech, Privacy, and Due Process
In a recent blog post, Sandra Fulton of the American Civil Liberties Union's (ACLU) Washington Legislative Office, described the Trans-Pacific Partnership agreement (TPP) as the "biggest threat to free speech and intellectual property that you?ve never heard of." In her post, she reminds readers that the USTR is not only pushing for TPP and its proposed changes to intellectual property law, it is doing its best to avoid Congressional oversight. For instance, the USTR has recently rebuffed a request from the staff director on the Senate Finance Committee's International Trade Subcommittee to review documents pertaining to the negotiations.

EFF Sues for Answers About Illegal Government Email and Phone Call Surveillance [news release]
The Electronic Frontier Foundation (EFF) sued the Department of Justice (DOJ) today, demanding answers about illegal email and telephone call surveillance at the National Security Agency (NSA).

Japan Ratifies ACTA 
The International Trademark Association (INTA) applauds Japan for ratifying the Anti-Counterfeiting Trade Agreement (ACTA), a multilateral trade agreement aimed at improving intellectual property enforcement against counterfeiting and piracy internationally.

uk: Google blacklists websites run by family of Grant Shapps
Google has blacklisted a network of websites run by the family of the newly promoted Tory party co-chairman, Grant Shapps, for breaching its rules on copyright infringement. A string of at least 19 sites run by the wife, sister or 75-year-old mother of Shapps have been banned from carrying Google's adverts and been relegated to the bottom of its search results.

Singapore Launches ?Super Wi-fi? Internet Trials
Like other underdeveloped regions, the boom in Southeast Asia?s digital economy has been fueled by explosive growth in mobile Internet usage rather than the development of vast broadband cable networks. Internet access, however, remains far from ubiquitous for the millions of people that live across the region?s tens of thousands of islands, where broadband or 3G penetration remains weak or nonexistent.

UK broadband aided by planning permission rule changes
The government is changing planning permission rules to aid the rollout of faster internet speeds across the UK.

us: New Coalition to Push FCC for Spectrum Interoperability
A group of smaller wireless companies are launching a new coalition on Monday to urge the Federal Communications Commission to take action on a proposal that would make it easier for them to use spectrum they already hold to launch their next-generation 4G wireless networks.

FCC Set to Take Up Incentive Auction, Spectrum Holding Proposals
The Federal Communications Commission on Friday is expected to release the tentative agenda for its September meeting, which will include two key wireless-industry items. One deals with how much spectrum wireless carriers can hold in each market, and the other proposes rules for enticing broadcasters to give up their spectrum for auction to wireless companies.

Nigeria: Telecom Towers Attacked [AP]
A series of attacks have damaged at least 31 cellphone towers operated by all the major providers in Nigeria, further straining communication in a country with nearly no landlines.

in: Telecom user base drops by over 20 million [PTI]
Telecom subscriber base fell to 944.81 million in July from 965.52 million a month ago, the first ever decline in the country. The subscriber base report for the month of July released by Telecom Regulatory Authority of India (TRAI) shows that overall telecom user base of the country dropped by 20.71 million subscribers over June. "This is the first time we have seen decline in overall subscriber base," said a TRAI official.

ca: CRTC puts consumers and access at the top of its priority List by Michael Geist
The Canadian communications world is focused this week on the proposed merger between Bell and Astral Media as the Canadian Radio-television and Telecommunications Commission holds its much-anticipated hearing on the issue in Montreal. While the merger takes centre stage, the Commission may have upstaged the process last Thursday by releasing a detailed priorities document that covers the next three years.

au: NSW man charged over alleged online grooming [AAP]
AN alleged child sex predator has been charged after a NSW detective posed as a teenager and engaged him in explicit conversations online.

David Goldstein

 email: david at goldsteinreport.com

 web:   http://goldsteinreport.com/
 phone: +61 418 228 605 - mobile; +61 2 9665 5773 - office/home

"Every time you use fossil fuels, you're adding to the problem. Every time you forgo fossil fuels, you're being part of the solution" - Dr Tim Flannery
Received on Mon Sep 10 2012 - 03:50:39 UTC

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