A Growing Number of Individual Legal Rights Issues Intersect with the Internet, including Freedom of Expression, Access to Knowledge (A2K), Copyrights, Trademarks, Patents, Privacy, Anonymity, Surveillance, Cyber-Security, Anti-Circumvention Measures, File-Sharing, Contributory Liability, Fair Use, Fair Dealing, Intermediary Protections, Notice and Take-Down, Public Domain, Trade Secrets, Due Process, Hyperlinking, Database Rights, Enforcement of Intellectual Property, Internet Censorship
Power-Grab: ICANN to Become Internet’s “Word Police” — Top-Level Domain Policy to Bypass National Sovereignty and Free Speech
Civil Society Proposes Amendment to Protect Civil Liberties and Innovation ICANN’s Non-Commercial Users Constituency (NCUC) submitted a proposal to protect freedom of expression and innovation in the introduction of new generic top-level domains (gTLDs). ICANN’s policy council, the Generic Names Supporting Organization (GNSO), is currently developing policy recommendations to regulate the introduction of new top-level domain names on the Internet. NCUC is troubled by the GNSO’s draft recommendation to create string selection criteria that would prevent the registration of a new gTLD string that contains a controversial word or idea. ..."
Power-Grab: ICANN to Become Internet’s “Word Police” – New gTLD Policy to Bypass National Sovereignty & Free Speech
"... Unless reformed, this ICANN policy will prevent anyone in the world from being able to use controversial words like "abortion" or "gay" in a new gTLD if a single country objects to their use. The proposal would further prevent the use of numerous ordinary words like "herb" and "john" in a string since they can have an illegal connotation in certain contexts. In addition to any country in the world being able to stop a new gTLD string, ICANN staff would also be able to prevent any idea that it deemed too controversial to exist in the new domain space. The 13 Feb. proposal (Term of Reference 2(x)) gives ICANN staff the important job of making preliminary determinations as to whether a string is inappropriate and who the "legitimate sponsor" of a domain name (such as .god) should be. "The 13 Feb proposal would essentially make ICANN the arbiter of public policy and morality in the new gTLD space, a frightening prospect for anyone who cares about democracy and free expression," said Robin Gross, Executive Director of IP Justice, an NCUC member organization. "The proposal would give ICANN enormous power to regulate the use of language on the Internet and lead to massive censorship of controversial ideas." ...
IP Justice Report: TOP MYTHS About Karaoke CD-G Users’ Legal Rights
Little case law exists in the United States that specifically deals with a consumer’s legal rights to use Karaoke CD+Graphic (CDG) discs. The lack of case law in this area leads to uncertainty among consumers regarding the legality of different uses of a CDG disc. This legal uncertainty has also lead to intimidation and fear of lawsuits stemming from over-zealous threats from karaoke producers, music publishers or record companies who hope to extend their rights in an unchartered area. Private consumers, karaoke hosting businesses (KJs), bars, restaurants, and others all make use of CDG discs in different ways and for different purposes. As a result, their legal rights may vary in some situations. ...
NCUC Proposal to Reform Draft Policy on Introduction of New gTLDs
"Current proposal is unworkable due to competing standards of morality and competing public policy objectives. Current proposal usurps national sovereignty. ICANN is not a legislative body to be determining "appropriate" public policy objectives and global standards of morality. National legislatures determine what is lawful in their own jurisdictions. Current proposal places enormous burden and liability on ICANN for its decisions as to what is controversial and who is the worthy applicant for a particular string. ICANN will have to remain content-neutral to avoid legal liability. Freedom of expression can be better protected with NCUC's proposal since the restrictions are more narrowly tailored to meet national law...."
A2K@IGF Dynamic Coalition at IGF Open Consultations
An important goal of our coalition is to make recommendations for implementation of the anti-circumvention provisions contained in the 1996 WIPO “Internet Treaties†and more recent bi-lateral trade agreements. Therefore key deliverables will be the development of “best practice norms†for DRM technologies and anti-circumvention laws and report our progress at the 2007 IGF meeting in Rio de Janeiro.
IPJ Intervention Statement at WIPO Broadcasting Treaty Negotiation
... Intellectual property rights can foster economic and social development. The Broadcast Treaty in its current form will not help to reach these aims and does not, in our understanding, comply with the decision of the 2006 General Assembly.
Tech-Industry & NGO Joint Statement on WIPO Broadcast Treaty
The undersigned organisations represent a broad set of constituencies with a direct interest in the discussions underway regarding an international instrument relating to broadcasting. Whilst we remain unconvinced that a treaty is necessary at all – and note that no convincing evidence has been presented that new international norms are required in this area – we do believe that a focussed, signal-protection-based Instrument to prevent piracy could be valuable. ...
Comments of Robin Gross on Whois at Sao Paulo Public Forum
"... This year, the US Federal Trade Commission has announced that now in the US, online data mining is the number one crime. Privacy experts, in particular, EPIC, have testified that it is the Whois database that is one of the most significant contributors to this problem. We need to pay some attention to the security interests of ordinary, everyday Internet users who register domain names, and not just the large intellectual property rights holders. They have legal mechanisms at their disposal if someone is violating their rights. It's called due process of law. I really haven't heard any explanation for why legal due process should be circumvented in this case. ..."
ICANN’s Non-Commercial Users Constituency (NCUC) Meeting on Whois, the New MoU, and Right to Privacy
Join ICANN's Non-Commercial Users Constituency (NCUC) on 5 Dec. at the ICANN Board Meeting in Sáo Paulo, Brazil for a discussion on ICANN's Whois personal database policy and its implication for the privacy rights of Internet users.
IP Justice and Others Sign Letter to US Govt. to Request Public Meeting on WIPO Broadcast Treaty
The undersigned public interest organizations wish to request a public and recordable meeting with the US delegation to WIPO before the Special Session of the World Intellectual Property Organization's Standing Committee on Copyright and Related Rights (SCCR), First Session January 17, 2007 to January 19, 2007 (Geneva, Switzerland). The undersigned respectfully request that the USPTO or/and the Library of Congress (LOC) invite formal public comments on the proposal to create a new International Treaty obligation establishing a novel intellectual property regime for broadcasting and cablecasting organizations, through the World Intellectual Property Organization (WIPO). We believe it is important to have public comments on the impact on U.S. law and affected constituencies if the U.S. or any other country were to ratify a new WIPO Treaty embodying that proposal.
IP Justice Report from 2006 Internet Governance Forum (IGF) in Athens
The inaugural meeting of the United Nations Internet Governance Forum (IGF) is officially over, but it is really only the beginning. An outgrowth of 2003-2005 World Summit of Information Society (WSIS), the IGF, a 4-day multi-stakeholder dialogue forum for policy issues related to "Internet Governance", was held 30 October - 2 November 2006 in Athens, Greece, the birthplace of democracy. Over 1500 participants from governments, civil society, and business came from all corners of the world with a vision of building an "Internet for Development", the meeting's official theme. Internet policy discussions were grouped into 4 main categories: openness, security, diversity, and access. Each of 4 policy themes were discussed in a main plenary session and a number of complementary workshops. ...
IGF Internet Bill of Rights Workshop to Promote Digital Rights for Users
Today at the UN Internet Governance Forum (IGF), I participated on the Internet Bill of Rights Workshop to discuss the creation of an “Internet Bill of Rights†to articulate the global rights and duties of Internet users from the viewpoint of the individual. Check out some video clips from the workshop ...
Internet Bill of Rights Proposed (BBC)
A bill of rights for the internet age has been proposed at a United Nations' conference in Athens. The bill would update and restate rights that have been enshrined for centuries, said Robin Gross of civil liberties group IP Justice. The proposal was made at the Internet Governance Forum, at which the future of the net is being discussed. "The rights we have enjoyed in the traditional age must move with us to the digital age," said Ms Gross.
Sun to plug OpenDocument to Global Summit
Sun Microsystems Inc and like-minded organizations will promote the use of open standards, including the OpenDocument Format much feared by Microsoft Corp, at the Internet Governance Forum summit this week in Athens, Greece. The company, along with supporters including IP Justice and the Consumer Project on Technology, will urge governments to adopt procurement practices that recognize open technology standards as important, and forbid buying only proprietary technology.
UN Internet Governance Forum (IGF) Opens in Athens: IP Justice Sponsors 3 Workshops on Internet Policy Issues
The inaugural meeting of the United Nations Internet Governance Forum (IGF) takes place in Athens, Greece from 30 October – 2 November 2006. UN Secretary General Kofi Annan has convened the forum to build multi-stakeholder dialogue on Internet policy issues. Over 1500 participants from around the world are expected to attend the forum to identify emerging issues and make recommendations intended to foster the sustainability, robustness, security, stability and development of the Internet. In May 2006, Annan appointed IP Justice Executive Director Robin Gross to the IGF Advisory Group to help shape the policy dialogue. “The IGF was created out of recognition that the Internet has connected the world’s people together like never before, and we must work together to build an Internet that fosters a free flow of information, innovation and development for all,†said Robin Gross. Together with a number of other NGOs, industry and governments, IP Justice is co-sponsoring three workshops at IGF on the topics of “An Internet Bill of Rightsâ€, “Access to Knowledge and Freedom of Expression†and “Open Standardsâ€. Details on the 3 workshops are below....