Digital Rights + Internet Governance + Innovation Policy

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DIGITAL RIGHTS2021-07-18T20:41:38+00:00

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

Freedom of Expression Chilled By ICANN’s Addition of Speech Restrictions in DNS: ‘Public Interest Commitments’ Amount to Illegitimate Usurpation of Bottom-Up Policy

By |April 1st, 2015|Categories: Digital Rights, Internet Governance, Publications|Tags: , , , , , |

Freedom of expression on the Internet is at risk from ICANN’s recent decision to prohibit anyone but one specific type of doctor from using the word within the .doctor new gTLD space.   Last month, ICANN’s New GTLD Program Committee decided that only “medical practitioners” would be allowed to register a domain [...]

Civil Society Cautions Against ICANN Proposal to Give Governments a Veto Over New Domains Using “Geographic Names”

By |December 31st, 2014|Categories: Digital Rights, Innovation Policy, Internet Governance, Publications|Tags: , , , , , , , , |

A group of twenty-four civil society organizations and individuals today submitted a joint statement regarding a proposal from an ICANN Governmental Advisory Committee (GAC) sub-group on the use of geographic names in top-level domains. The joint civil society statement cautioned against the adoption of the GAC proposal that would give governments veto power on domains that use geographic names. The submission stated that the proposal would threaten to chill freedom of expression and other lawful rights to use words in domain names, stifle innovation, and undermine the multi-stakeholder model for Internet governance. The group also stated that the proposal is based on flawed presumptions of law and 'the public interest' and is entirely unworkable from a practical standpoint.

Aligning ICANN Policy with Privacy Rights of Internet Users – IGF 2014 Workshop Video

By |August 25th, 2014|Categories: Digital Rights, Internet Governance|Tags: , , , , , , |

 IP Justice Presents IGF 2014 Workshop #149:  "Aligning ICANN Policy with Privacy Rights of Internet Users"  Day 5 at the 9th United Nations Internet Governance Forum (IGF) 2014 in Istanbul, Turkey 5 September 2014  ~  11:00 am - 12:30 pm in Istanbul (other time zones) in Venue Workshop Room #6 at Lütfi Kirdar International Convention [...]

ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly — Dissecting the Strawman

By |November 18th, 2012|Categories: Digital Rights, Internet Governance, Publications|Tags: , , , , , , |

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 to the ICANN board and senior staff at the October 2012 Toronto ICANN meeting. I participated in the LA policy meeting on behalf of noncommercial users and below is my personal evaluation of the meeting and initial reactions to the output of the meeting...

Statement of ICANN’s Non-Commercial Stakeholders Group on Proposals for Additional Trademark Rights Protection Measures for New Top-Level Domain Names

By |November 1st, 2012|Categories: Digital Rights, Internet Governance|Tags: , , , , , , , , , |

* NCSG is concerned by proposals from the IPC and BC to change consensus policy and re-open previously settled policy matters on Rights Protection Mechanisms for new tlds. * The proposal under discussion does not reflect the hard-won balance found in the current consensus policy, nor the traditional limitations that exist in trademark law. * The proposal removes matters from the negotiated RAA and registry agreements into a vague 'backdoor process', and binds ICANN to unlimited compliance obligations. * Both the substance of the proposals and the manner of presenting it directly to ICANN without a proper policy process undermine our shared desire to create a truly multi-equal stakeholder process that honours ICANN's commitment to transparency and accountability.

Top Civil Society Leaders Converge in Toronto for “ICANN & Internet Governance: Security and Freedom in a Connected World”

By |October 4th, 2012|Categories: Digital Rights, Internet Governance|Tags: , , , , , , |

Cyber-Security Expert Ron Deibert and new ICANN CEO Fadi Chehade Address Non-Commercial Users Policy Conference on Eve of ICANN #45 - Public interest groups involved in ICANN will gather for the event, "ICANN & Internet Governance: Security & Freedom in a Connected World" on Friday 12 October at the Fairmont Royal York Hotel in Toronto, Canada. Sponsored by the Noncommercial Users Constituency (NCUC), the voice of civil society in ICANN, the policy conference will focus on key ICANN policy issues like the need to promote both cyber-security and human rights in the development of global Internet policies. The event kicks-off with a morning address from cyber-security expert Ron Deibert, Director of the Canada Centre for Global Security Studies and The Citizen Lab, an inter-disciplinary research and development hothouse at the University of Toronto. Deibert will address the need to establish a cyber-security strategy for global civil society.

IP Justice Comment on Olympic Committee and Red Cross Requests to be Granted Global Exclusive Licensing Rights to Words in the DNS

By |July 24th, 2012|Categories: Digital Rights, Innovation Policy, Internet Governance, Publications|Tags: , , , , , , |

The comment was filed in response to requests from the International Olympic Committee and Red Cross groups who have asked ICANN to grant them the exclusive right to use in domain names several hundred words that these groups claim are their "exclusive property". Despite their grossly exaggerated legal claims and overblown fears, these groups lobbied the Governmental Advisory Committee (GAC) at ICANN to put pressure upon the ICANN Board and GNSO Policy Council to create such unprecedented rights over the use of words in domain names...

Non-Commercial Users Send Letter to Privacy Commissioners on Proposed Changes to ICANN Registrar Agreement

By |July 19th, 2012|Categories: Digital Rights, Innovation Policy, Internet Governance|Tags: , , , , , , , |

ICANN's Non-Commercial Users Constituency (NCUC) sent a letter to a number of Privacy Commissioners and Data Retention Officers regarding proposed changes to ICANN's Accreditation Agreement with registrars that impact the privacy rights of Internet users everywhere. According to the letter, ICANN's contract exacerbates privacy harms, in particular, "the current requirements [...]

IP Justice Comment on Request to ICANN from Red Cross & Olympic Committee to Ban Others’ Use of Words in Domain Names

By |March 4th, 2012|Categories: Digital Rights, Innovation Policy, Internet Governance, Publications|Tags: , , , , , , , |

Today I write to express my personal disappointment with the way ICANN has mis-handled this request for special rights to prohibit the use of certain words in domain names which are desired by politically powerful, but ultimately arbitrary, interests. Unfortunately, this case represents another clear example of ICANN departing from its own established policies and stated principles of bottom-up governance to demonstrate that it is not quite ready to be a legitimate global governance institution that can be trusted to manage the security and stability of the domain name system in the public interest...

NCUC Letter to US Congressional Committee to Express Concern about Internet Censorship from SOPA/PIPA

By |December 14th, 2011|Categories: Digital Rights, Innovation Policy, Internet Governance|Tags: , , , |

ICANN's Non-Commercial Users Constituency (NCUC) today sent a letter to the Judiciary Committee of the US House of Representatives to express concern over the harmful impact from proposed legislation in the US Congress, the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). The House Judiciary Committee will likely vote on SOPA tomorrow, and if it passes there and moves to the full US House for approval, the US Congress will take the Internet a significant step backwards, ushering in a new "digital dark ages" of Internet censorship.

45 Public Interest Groups Send Letter to WIPO on IP Enforcement Activities

By |December 6th, 2011|Categories: Digital Rights|Tags: , , , , , , |

Forty-five civil society groups concerned about efforts to ratchet-up the enforcement of intellectual property rights beyond healthy levels sent a letter to the World Intellectual Property Organization (WIPO) this week to their express concern on WIPO's continued promotion of a "maximalist" agenda with respect to intellectual property rights. The civil society letter reminded WIPO that this approach undermine's development dimensions and subordinates fundamental rights including freedom of expression on the Internet. The public interest groups cite the lack of transparency in WIPO decisions and its lack of balancing other public interest concerns in its approach.

Landmark Ruling for Europe on Fair Balance Between Copyright & Fundamental Human Rights

By |November 25th, 2011|Categories: Digital Rights, Innovation Policy|Tags: , , , , |

The European Union's highest court issued a key legal ruling overturning a Belgian law that would have required Internet service providers to monitor all Internet traffic passing through their systems with the goal of protecting copyright holders' rights.  In a closely watched case, the European Court of Justice struck down [...]

IP Justice Comments on ICANN Policy Proposal for Trademarks & New GTLDs

By |May 10th, 2011|Categories: Digital Rights, Innovation Policy, Internet Governance, Publications|Tags: , , , , , |

Statement in public forum regarding ICANN Board response to "scorecard" of the Governmental Advisory Committee (GAC) on trademark protections for new generic top-level Internet domain names. The GAC is pressuring the ICANN Board to dramatically expand the rights of trademark owners after heavy lobbying by trademark industry of governmental representatives who participate at ICANN.

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