The Wayward ACPA Part 11: “The Courts Do Not Apply a Mechanistic Scorecard”

Looking over 11 years of AntiCybersquatting Consumer Protection Act (ACPA) caselaw, I can now test how the courts have wandered astray with their decisions. In my last post, I once again hypothesized about the error of the courts ways --- in a way that turned out to not be so true.

But this time, this time is different. The reason this time is different is because it aint my conspiracy theory; it’s the courts.

As we went over a few posts ago, the courts must go over 9 factors to determine if the Domain Name Owner (DNO) has bad faith. Courts protest the notion that they go through a rote process, churning through the factors, awarding points to the parties, and then tallying up the scores. They claim that they are following Congress' directive to engage in a thoughtful consideration of the unique factors of individual cases, and that the 9 factors are just guidance.

But they’re lying.

In every case the courts allotted points for each individual factor and the party with the most points wins. Well, okay, there were two cases where the party with the highest score lost; both were cyber-griping cases where the actions of the DNO fell under the Safe Harbor Provision's fair use element. And there was one other case where the prevailing party had a tie score with the, um, devailing??? party. 

In the 67 other cases (or in 96% of cases), if you had the high score, you won. Simply math. So much for the “it’s not a scorecard” theory.

Next: Some Curious Results

PS: Speaking of scorecards.... Baseball starts in 2 days!  AH, Spring! 

Workshop :: FTC Will Host Public Workshop to Explore Advertising Disclosures in Online and Mobile Media on May 30, 2012

"The Federal Trade Commission will host a day-long public workshop to consider the need for new guidance for online advertisers about making disclosures required under FTC law. The guidance will address technological advancements and marketing developments that have emerged since the FTC first issued its online advertising disclosure guidelines known as “Dot Com Disclosures” 12 years ago. 

 

The workshop, to be held on May 30, will cover revising the Dot Com Disclosures so they illustrate how to provide clear and conspicuous disclosures in the current online and mobile advertising environment. Any revisions will be consistent with the goals of the original guidelines and will continue to emphasize that consumer protection laws apply equally to online and mobile marketers, and to other media. The FTC began seeking input for revising the Dot Com Disclosures guidelines last year.  

"Topics may include:

• How can effective disclosures be made on social media platforms and mobile devices – including when they are used in commercial texting – that limit the space available for disclosure?  For example, when consumers are paid or receive other benefits for providing an endorsement, how can they effectively disclose on platforms that allow only short messages or a simple sign of approval?
• When can disclosures provided separately from an initial advertisement be considered adequate?  For example, if a consumer receives a location-based ad for a discounted cup of coffee on her mobile device because she is near a particular coffee shop, what terms must be disclosed in the mobile ad and what terms, if any, do not have to be disclosed until the consumer enters the coffee shop to make her purchase?
• What are the options when using devices that do not allow downloading or printing the terms of an agreement?  For example, is providing consumers a means to send a copy of the agreement to themselves to read later an effective way to provide this information?
• How can disclosures that are made in the original advertisement be retained when the advertisement is aggregated (for example, on dashboards) or re-transmitted (through, for example, re-tweeting)?  
• What are the disclosure opportunities and limitations of hyperlinks, jump links, hashtags, click-throughs, layered disclosures, icons, and other similar options?  How should these options be evaluated in terms of placement and proximity?
• How can short, effective, and accessible privacy disclosures be made on mobile devices?
• What does the research show about how consumers’ use of mobile and other devices can affect the effectiveness of disclosures on particular devices or platforms?  And what does it show about the relationship between how consumers use mobile devices and their understanding of disclosures and advertising displayed on mobile devices?  What does the research show about how consumers make decisions based on that information?  Is there specific research on the effectiveness of disclosures on mobile devices, including layered disclosures and icons, and, if so, what are the implications of that research for disclosures such as offer terms and privacy practices?

The Commission also invites parties to submit suggestions for topics of discussion or original research.  In particular, the Commission invites the submission of realistic examples and mock-ups that can be used for illustration and discussion at the workshop. Individuals and organizations may submit requests to participate as panelists and may recommend topics for inclusion on the agenda.

  The requests and recommendations should be submitted electronically to dotcomdisclosuresworkshop@ftc.gov. Prospective panelists should submit a statement detailing their expertise on the issues to be addressed and contact information no later than March 30, 2012. Panelists will be selected based on expertise and the need to include a broad range of views.

Paper submissions should reference the Dot Com Disclosures Workshop both in the text and on the envelope, and should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-135 (Annex P), 600 Pennsylvania Avenue, N.W., Washington, DC 20580.  The FTC requests that any paper submissions be sent by courier or overnight service, if possible, because postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. The workshop is free and open to the public.  It will be held on Wednesday, May 30, 2012, at the FTC Conference Center at 601 New Jersey Avenue, N.W., Washington, DC.  Pre-registration is not required.  Members of the public and press who wish to participate but who cannot attend can view a live Webcast at FTC.gov.

RFC :: NTIA :: #privacy :: Multistakeholder Process to Develop Consumer Data Privacy Codes of Conduct :: Comments Due TBD

Date: February 29, 2012  Docket Number:  Docket No. 120214135-2135-01

"NTIA is requesting comment on substantive consumer data privacy issues that warrant the development of legally enforceable codes of conduct, as well as procedures to foster the development of these codes.  NTIA invites public comment on these issues from all stakeholders with an interest in consumer data privacy, including the commercial, academic and civil society sectors, and from federal and state enforcement agencies.  Written comments may be submitted by e-mail to privacyrfc2012@ntia.doc.gov.

Federal Register Notice: Internet Privacy Request for Comments

RFC :: NIST :: #FISMA SP 800-53 Security and Privacy Controls for Federal Info Systems and Orgs :: Comments Due Apr 6

Revision of SP 800-53 Addresses Current Cybersecurity Threats, Adds Privacy Controls

From NIST Tech Beat: February 28, 2012 Contact: Evelyn Brown 301-975-5661

"A major revision of a Federal Information Security Management Act (FISMA) publication released today by the National Institute of Standards and Technology (NIST) adds guidance for combating new information security threats and incorporates new privacy controls to the framework that federal agencies use to protect their information and information systems.

"To handle insider threats, supply chain risk, mobile and cloud computing technologies, and other cybersecurity issues and challenges, NIST has released Security and Privacy Controls for Federal Information Systems and Organizations, Special Publication (SP) 800-53, Revision 4 (Initial Public Draft). The document is considered a principal catalog of security standards and guidelines used by federal government agencies that NIST is required to publish by law.

“The changes we propose in Revision 4 are directly linked to the current state of the threat space—the capabilities, intentions and targeting activities of adversaries—and analysis of attack data over time,” explained Ron Ross, FISMA Implementation Project Leader and NIST fellow.

"The revision also adds a new privacy appendix to the publication that provides privacy controls and associated implementation guidance. “Privacy and security are complementary, so we decided to combine them in SP 800-53," said Ross.

"Other areas addressed in the update in addition to those mentioned above include application security, firmware integrity, distributed systems and advanced persistent threat. “Many organizations are concerned about advanced persistent threats, so we added new controls that will allow organizations to use different strategies to combat those types of threats,” Ross added.

"NIST also modified its guidance on security assurance Appendix E, which outlines how agencies can establish measures of confidence that the security controls put in place are providing the necessary security capability to protect critical missions and business operations. Ross explains, “Having security functionality in your information systems without the appropriate assurance is like skydiving without a backup parachute—you don’t need it until you need it. And without it, the outcome is very predictable.”

"As part of the update to SP 800-53, NIST addressed potential gaps in coverage, added new security controls and control enhancements, provided additional supplemental guidance for these controls, and clarified security control requirements and specification language. Keeping the potential threats in mind, the security control baselines were updated and minimum assurance requirements revised.
This document, when finalized, will be used by the entire federal government. The project was conducted as part of the Joint Task Force Transformation Initiative, which is composed of security experts from NIST, the Department of Defense, the Intelligence Community, the Committee on National Security Systems, and the Department of Homeland Security.

The public draft of Security and Privacy Controls for Federal Information Systems and Organizations, Special Publication (SP) 800-53, Revision 4 may be found at http://csrc.nist.gov/publications/PubsDrafts.html#SP-800-53-Rev.%204. Comments on SP 800-53, Revision 4 are requested by April 6, 2012. Email should be sent to sec-cert@nist.gov.

The Wayward ACPA Part 10: “More Reasoned Decisions Mean Domain Name Owner Wins”

Looking over 11 years of AntiCybersquatting Consumer Protection Act (ACPA) caselaw, I can now test how the courts have wandered astray. Last post, I tested my conspiracy theory that the court’s analysis was all about trademark, and they ignored the unique characteristics of the Internet. That proved not to be so true. 

This time, my conspiracy theory is that in order to favor trademark owners (TMO), courts pick and choose which factors to consider. When the court’s arbitrarily focus on a few select factors, then, according to my theory, you know its going in favor of the TMO; a more reasoned approach that considers all the factors of the case would certainly go in favor of the Domain Name Owner (DNO).

And…… no. Not true.

In fact the exact opposite is true. The more factors considered, the more likely the TMO prevails. When the court considered five or fewer factors, the DNO won 50% of the time. When the court considered six or more factors, the DNO won only 21% of the time. The most number of cases broken out by number of factors considered was 19 cases resolved using 9 factors, where DNOs won only 21% of the time. TMO's highest winning percentage was 100% when 7 factors were considered; DNO's highest winning percentage was 100% when 0 or 1 factors were considered. 

Next: A Conspiracy Theory I Actually Get Right

2.27 :: Study Confirms What U Already Knew :: Unprecedented Powers Over the Internet :: This Isnt a Hoax :: Threatens the Internet :: More Excuses? ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"Where a calculator on the ENIAC is equipped with 18,000 vacuum tubes
and weighs 30 tons, computers in the future may have only 1,000 vacuum
tubes and perhaps weigh 1 ½ tons." Popular Mechanics (March 1949)

Study Confirms What You Already Knew: Mobile Data Throttling About The
Money, Not Stopping Data Hogs, Techdirt
Of the four national mobile operators, only Sprint still offers an
"unlimited" data plan -- and most industry watchers expect that to go
away soon. When the operators talk about this stuff, they complain
about how unlimited plans are abused and the amount of data being used
by so-called "data hogs" is crippling network bandwidth. Of course,
the alternative story is that they just want to charge people higher
rates, and putting a toll
http://www.techdirt.com/blog/wireless/articles/20120224/10500217867/study-confirms-what-you-already-knew-mobile-data-throttling-about-money-not-stopping-data-hogs.shtml

Stop the Cycle of Bullying: danah boyd and John Palfrey in the
Huffington Post, Berkman
no description
http://cyber.law.harvard.edu/node/7498

IN RE INDIANA NEWSPAPERS INC. v. JUNIOR ACHIEVEMENT OF CENTRAL
INDIANA, INC., Ind: Court of Appeals, Indiana Court
At issue is identity of anonymous commentor to news site and
application of the Dendrite Test
http://scholar.google.com/scholar_case?case=665491991043061948

CONOCOPHILLIPS COMPANY v. Gonzalez, Dist. Court, ND California 2012, Fed Court
Plaintiff's ACPA ex parte application is DENIED without prejudice.
http://scholar.google.com/scholar_case?case=1202001311501080797

BEVERLY HILLS ESCROW v. Nazarian, Cal: Court of Appeal, 2nd Appellate
Dist., 7th Div. 2012, CA Court
Affirming Temporary Restraining Order for Defendant's registration of
domain name BeverlyHillsEscrow.com
scholar.google.com/scholar_case?case=15998714418736431472

City of Carlsbad v. Shah, Dist. Court, SD California 2012, Fed. Court
Registration of multiple domain names including
thecrossingsatcarlsbad.com constituted bad faith under ACPA
scholar.google.com/scholar_case?case=5083764740092613286

Robert McDowell: The U.N. Threat to Internet Freedom – WSJ.com, ISOC-DC
On Feb. 27, a diplomatic process will begin in Geneva that could
result in a new treaty giving the United Nations unprecedented powers
over the Internet. Dozens of countries, including Russia and China,
are pushing hard to reach this goal by year's end. As Russian Prime
Minister Vladimir Putin said last June, his goal and that of his
allies is to establish "international control over the Internet"
through the International Telecommunication Union (ITU), a
treaty-based organization under U.N. auspices.
http://www.isoc-dc.org/2012/02/robert-mcdowell-the-u-n-threat-to-internet-freedom-wsj-com/

36 state AGs blast Google's privacy policy change, CW
Attorneys General from 36 states are concerned over the potential
implications of Google's new privacy policy, especially for users of
Android-powered smartphones.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/HNP_2BAv-x8/36_state_AGs_blast_Google_s_privacy_policy_change

Pakistan plans system to filter and block websites, CW
Pakistan has floated a request for proposal for a system to filter and
block websites, some months after banning the use of encryption on the
Internet, and toying with the idea of filtering and blocking SMS
(short message service) messages in the country.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/R_ll8sNUMkw/Pakistan_plans_system_to_filter_and_block_websites

This Isn't a Hoax: Pakistan Requests Proposals for a National
Filtering and Blocking System, EFF
The Pakistani government is looking for new ways to censor the Internet.
https://www.eff.org/deeplinks/2012/02/not-a-hoax-pakistan-requests-proposals-national-filtering-and-blocking-system

An Astounding Week In PIPA/SOPA Comes To A Close, Tales From the Sausage Factory
Today brought a dramatic conclusion to an extraordinary week and the
culmination of months of amazing activism on PIPA/SOPA. A month ago,
hardly anyone had heard of PIPA and a few more had heard of SOPA and
its passage was …
http://tales-of-the-sausage-factory.wetmachine.com/an-astounding-week-in-pipasopa-comes-to-a-close/

CLOUD COMPUTING AND THE REGULATORY FRAMEWORK FOR TELECOMMUNICATIONS
AND INFORMATION SOCIETY SERVICES, VP BURLOIU - 2012
In the context of the Lisbon agenda for growth and jobs, research and
innovation are at the core of the Europe 2020 strategy. As part of
this strategy, the ambitious Digital Agenda of the
http://arno.uvt.nl/show.cgi?fid=121935

Google's Goggles: Is The Future Right Before Our Eyes?, NPR
Eye glasses with computing power have long been sci-fi fantasy,
relegated to Terminator movies and the like. But now it appears Google
may be a few months from selling a beta version of their own.
http://www.npr.org/blogs/alltechconsidered/2012/02/24/147364732/googles-goggles-is-the-future-right-before-our-eyes?ft=1&f=1019

How The "Right To Be Forgotten" Threatens The Internet, Forbes
A friend of a friend -- let's call her Andrea -- allowed herself to be
photographed in a "compromising position." The pics were posted on the
Internet with her approval, but were later found online by coworkers.
Oops.
http://www.forbes.com/sites/davidcoursey/2012/02/24/how-the-right-to-be-forgotten-threatens-the-internet/

Administration's White Paper OnPrivacy Strikes Positive Tone, AT&T
Collaboration, consensus and consistency are key design principles in
developing good public policy. And we're encouraged that a white
paper issued yesterday by President Obama's Administration embraces
those principles.
http://attpublicpolicy.com/government-policy/administration%e2%80%99s-white-paper-onprivacy-strikes-positive-tone/

Internet Privacy: Protecting Consumers, Building Trust, Creating Jobs,
White House
Yesterday, the White House announced two important steps to promote
consumer privacy rights online and to give users more control over how
their personal information is handled. First, the White House
released a comprehensive roadmap for online privacy protection
centered on a Consumer Privacy Bill of Rights and robust enforcement
by the Federal Trade Commission. Second, industry has stepped up to
the plate by
http://feeds.whitehouse.gov/~r/whitehouse/ostp/~3/cloLwvimnRY/internet-privacy-protecting-consumers-building-trust-creating-jobs

More Privacy, or More Excuses?, VOA
Examining the Obama Administration's Proposed Privacy Bill of Rights
http://blogs.voanews.com/digital-frontiers/2012/02/24/more-privacy-or-more-excuses/

Protecting Online Privacy: A Live Web Chat with Allan Friedman, Brookings
Aiming to protect online privacy without stifling innovation,
President Obama has proposed a "Consumer Privacy Bill of Rights" to
help users exercise more control over the data they share when
accessing the internet through their web browsers, smart phones and
tablets. Although its
http://webfeeds.brookings.edu/~r/BrookingsRSS/topics/internetpolicy/~3/3HwrLk-_5CA/0229_internet_privacy_chat.aspx

We Can't Wait: Obama Administration Calls for A Consumer Privacy Bill
of Rights for the Digital Age, White House
Today at the White House, the Obama Administration unveiled a
blueprint for a Consumer Privacy Bill of Rights to protect consumers
online. As the President wrote in his cover letter to the report:
http://www.whitehouse.gov/blog/2012/02/23/we-can-t-wait-obama-administration-calls-consumer-privacy-bill-rights-digital-age

FTC Approves Safe Harbor Program for Aristotle International, Inc., FTC
Program Will Promote Compliance With Children's Online Privacy Protection Act
http://www.ftc.gov/opa/2012/02/aristotle.shtm

Why Genachowski's Cybersecurity Initiative Is So Radical (In A Good
Way), Tales From the Sausage Factory
When people think of "cybersecurity," they usually think about the big
stuff like Iranian hackers bringing down the power grid or master
criminals hacking Bank of America. We associate it with the Department
of Homeland Security (DHS) and institutions generally …
http://tales-of-the-sausage-factory.wetmachine.com/why-genachowskis-cybersecurity-initiative-is-so-radical-in-a-good-way/

Microsoft Testifies on U.S. Senate Cybersecurity Legislation, Microsoft
Last week, Scott Charney testified at a hearing of the Senate
Committee on Homeland Security and Government Affairs. The hearing was
about the Cybersecurity Act of 2012, which is Congress's first
comprehensive legislation aimed at improving cybersecurity across the
United States. His full testimony is available here.
http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/24/microsoft-testifies-on-u-s-senate-cybersecurity-legislation.aspx

US-NL Cybercrime Treaty Signed, CircleID
On Wednesday 22 February the United States and The Netherlands signed
a "declaration of intent" on the cooperation on fighting cybercrime.
This event was reported by the press as a treaty. At least that is
what all Dutch postings I read wrote, with exception of the official
website of the Dutch government. So what was actually signed? Reading
the news reports some thoughts struck me.
http://www.circleid.com/posts/20120224_us_nl_cyber_crime_treaty_signed/

FBI turns off 3,000 GPS trackers after Supreme Court ruling, Ars Technica
Andrew Weissmann, general counsel for the FBI, has announced that his
agency is switching off thousands of Global Positioning System-based
tracking devices used for surveillance after a Supreme Court decision
last month. Weissmann made the statement during a University of San
Francisco
http://arstechnica.com/tech-policy/news/2012/02/fbi-turns-off-3000-gps-trackers-after-supreme-court-ruling.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

FACEBOOK, INC. v. POWER VENTURES, INC., Dist. Court, ND California
2012, Fed Court
Facebook, Inc. ("Plaintiff") brings this action against Defendants[1]
alleging violations of the Controlling the Assault of Non-Solicited
Pornography and Marketing Act ("CAN-SPAM Act"), 15 U.S.C. §§ 7701 et
seq., the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, and
California Penal Code § 502.
http://scholar.google.com/scholar_case?case=5315224623229214625

Interconnecting with the Future, Verizon
The FCC made tremendous progress with its order reforming the
Universal Service Fund (USF) and the system for Intercarrier
Compensation (ICC). The FCC's reform plan correctly recognizes the
dramatic changes that have occurred in the marketplace and begins the
difficult process of transforming regulatory structures put in place
decades ago that no longer make sense.
http://policyblog.verizon.com/BlogPost/853/InterconnectingwiththeFuture.aspx

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"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
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Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org
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RFC :: LOC :: DMCA :: Copyright Office Accepting Reply Comments in #DMCA Anticircumvention Rulemaking

Copyright Office Accepting Reply Comments in DMCA Anticircumvention Rulemaking

The Copyright Office is now accepting reply comments in its rulemaking regarding proposals to exempt certain classes of works from the prohibition on circumvention of technological measure that control access to copyrighted works. Reply comments should be limited to presentation of facts and arguments in response to comments submitted in the initial round of comments received through February 10, 2012.

The deadline for submission of reply comments is 5:00 p.m. EST on Friday, March 2, 2012. Reply comments may be submitted through a comment page on the Copyright Office website at www.copyright.gov/1201/comment-forms/. The proposed classes of works are identified at www.copyright.gov/1201/2011/initial/ and the initial comments responding to the proposed classes of works may be found at www.copyright.gov/1201/2012/comments/. The Copyright Office received 674 comments on the proposed classes of works. For more information, read the Notice of Proposed Rulemaking at www.copyright.gov/fedreg/2011/76fr78866.pdf.

2.23 :: Privacy :: Privacy :: Privacy :: What Do CDNs Do??? :: Failed Conspiracies :: Wrong Question ::

============================================

             CyberTelecom News 

      Federal Internet Law and Policy

============================================

New Report Highlights Wireless Broadband Benefits for Public Safety and Job Creation, White House

oday, Vice President Biden met with law enforcement officials, firefighters and public safety groups in the Roosevelt Room and spoke to a couple hundred more first responders by telephone to thank them for their service and to discuss the new nationwide public-safety broadband network included in the Payroll Tax Extension legislation.

http://www.whitehouse.gov/blog/2012/02/21/new-report-highlights-wireless-broadband-benefits-public-safety-and-job-creation

 

FCC Still Hooked on Speed, CommLawBlog

The FCC has announced plans for yet another effort to determine people's broadband speeds.

http://feeds.lexblog.com/~r/CommLawBlog/~3/ZFKTZEpkvXw/

 

What Does a CDN Really Do?, Level3

A CDN (Content Delivery network) means different things to different people. The word is used in many different contexts in a way that can confuse. That confusion is partly understandable because most CDNs utilise many different types of technology. So I thought I'd try and explain what a comprehensive CDN, like ours, does. What follows concentrates on the word delivery.

http://feedproxy.google.com/~r/BeyondBandwidth/~3/-m12mfNLK8I/

 

LightSquared defaults on $56M payment to spectrum owner Inmarsat, CW

LightSquared has defaulted on a US$56.25 million payment due under a 2007 wireless spectrum cooperation agreement with Inmarsat, the U.K. satellite communications operator said Monday, adding that it could terminate the agreement if LightSquared doesn't make payment within 60 days.

http://rss.computerworld.com/~r/computerworld/news/feed/~3/ZsmMwJXU6MY/LightSquared_defaults_on_56M_payment_to_spectrum_owner_Inmarsat

 

LightSquared: Going from bad to worse, CNET

There's been a string of bad news recently for the wireless broadband startup after the FCC pulled its conditional waiver to build its nationwide network. The latest? Job cuts.

http://feedproxy.google.com/~r/cnet/tcoc/~3/hjVBBE9Ff94/

 

Unlicensed TV Band Spectrum: Creating a Nimble Framework for Our Economic Future, Microsoft

All of us have experienced the "spectrum crunch" when using our wireless devices. Dropped voice calls and slow data transfers are symptoms. The crunch is a consequence of both rising demand and spectrum management techniques and wireless radio technologies dating back almost one hundred years. We can't manufacture more spectrum – it's a finite natural resource – but we can manage it more nimbly and share it more efficiently than we have in the past, stimulating economic growth, business innovation and increased competition.

http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/17/unlicensed-tv-band-spectrum-creating-a-nimble-framework-for-our-economic-future.aspx

 

FCC Seeks Comment on Interference into Unlicensed Devices, CommLawBlog

The FCC has asked for comment on whether the licensed Location and Monitoring Service (LMS) at 902-928 MHz will cause interference to unlicensed devices in that band.

http://feeds.lexblog.com/~r/CommLawBlog/~3/C3Brw8gNS6Q/

 

PROTECTING CHILDREN ONLINE: Internet risks faced by minors and policies to protect them, OECD

As the Internet permeates every aspect of our economy and society, it is also a daily reality in our children's lives. While it brings considerable benefits to their education and development, it also exposes them to online risks such as access to inappropriate content, abusive interaction with others, exposure to aggressive marketing practices and privacy risks. The OECD has just released recommendations aiming to protect minors online.

http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#49724812

 

Youth and Digital Media: From Credibility to Information Quality - New Report from the Berkman Center, Berkman

The Berkman Center for Internet & Society at Harvard University is pleased to share a substantial new report from the Youth and Media project: "Youth and Digital Media: From Credibility to Information Quality" by Urs Gasser, Sandra Cortesi, Momin Malik, & Ashley Lee.

http://cyber.law.harvard.edu/node/7486

 

Pew Internet: Mobile, Pew

Highlights of the Pew Internet Project's research related to mobile technology.

http://www.pewinternet.org/Commentary/2012/February/Pew-Internet-Mobile.aspx

 

ACPA Part 9: Failed Conspiracies: "It's All About Trademark", Cybertelecom

In reviewing 11 years of AntiCybersquatting Consumer Protection Act (ACPA) cases, I came up with a number of conspiracy theories that could be tested but did not pan out.  The next few posts are my failed conspiracy theories. The first theory, which assumes that ACPA decisions have gone astray, is that when the courts conduct their ACPA analysis, they always consider the Good Faith (aka

http://feedproxy.google.com/~r/CybertelecomBlog/~3/b5tGoRnSY6o/acpa-part-9-failed-conspiracies-its-all.html

 

IPv6: Childhood's End?, CircleID

A few weeks ago, when I was lurking around IPv6, I found that my own www.ipv6.tk was my first ever IPv6 domain. A "whois" on the domain says that it was registered in 2005, but something told me that I actually started this earlier

http://www.circleid.com/posts/ipv6_childhoods_end/

 

Former factory workers add pleas to sign Apple labor petition, CNET

Two former factory workers in China who suffered health problems as part of a 2009 incident are urging the public to sign an Internet petition being delivered to Apple tomorrow.

http://feedproxy.google.com/~r/cnet/tcoc/~3/-TXw3Ctu1Vc/

 

AT&T CEO gets $2 million pay cut following T-Mobile defeat, CNET

CEO Randall Stephenson will see his total pay for 2011 drop by more than $2 million over his role in the failed bid to buy T-Mobile.

http://feedproxy.google.com/~r/cnet/tcoc/~3/a3Ik2vEeywc/

 

State AGs Target Google Privacy Policy, WSJ

A group of dozens of state attorneys general have raised concerns with Google over the Internet giant's new privacy policy, marking the latest public flare-up over the planned changes.

http://online.wsj.com/article/SB10001424052970203918304577239793006074440.html?mod=rss_Technology

 

Level 3: Morgan Stanley Ups To Overweight; Shares Rally, Forbes

Shares of telecom services provider Level 3 are trading higher Thursday morning after Morgan Stanley analyst Simon Flannery lifted his rating on the stock to Overweight from Equal Weight, setting a price target of $31. The stock closed yesterday at $20.89,

http://www.forbes.com/sites/ericsavitz/2012/02/23/level-3-morgan-stanley-ups-to-overweight-shares-rally/

 

A View of the Iranian "Internet Blockade" from Akamai's Intelligent Platform, Akamai

The latest Internet blockade affected the most common form of secure connections, including all encrypted international websites outside of Iran that depend on the Secure Sockets Layer protocol, which display addresses beginning with "https."

http://feedproxy.google.com/~r/TheAkamaiBlog/~3/ip2lxwpbp08/a-view-of-the-iranian-internet-blockade-from-akamais-intelligent-platform.html

 

Are aggregation and curation journalism? Wrong question, Gigaom

The battle between traditional media and the blogosphere over aggregation (or "curation," if you prefer) continues to rage. In the latest skirmish, Forbes blogger Kashmir Hill got thrown under the bus by many for a recent blog post in which she summarized a New York Times piece about data-mining practices and privacy. According to her critics, Hill "stole" the story from the NYT, along with a lot of web traffic that rightfully belonged to the newspaper. Some argue that this doesn't deserve to be called

http://feedproxy.google.com/~r/OmMalik/~3/hrhbCBA4Ky4/

 

Google: Please Don't Kill Video on the Web, Microsoft

Earlier today, Microsoft filed a formal competition law complaint with the European Commission (EC) against Motorola Mobility and Google. We have taken this step because Motorola is attempting to block sales of Windows PCs, our Xbox game console and other products. Their offense? These products enable people to view videos on the Web and to connect wirelessly to the Internet using industry standards.

http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/22/google-please-don-t-kill-video-on-the-web.aspx

 

State & Local Government Cloud Commission (SLG-CC), TechAmerica

On February 16, the TechAmerica Foundation released the final report and recommendations from the State and Local Government Cloud Commission (SLG-CC).

http://www.techamerica.org/state-local-government-cloud-commission-slg-cc

 

Gov Agency Pressuring Facebook To Collect More Info About Users Should Read White House's Privacy Report, Forbes

Today the White House is calling for greater online privacy for consumers. One of seven new "privacy rights" Obama proposes for Americans is the "right to focused collection" -- essentially saying that companies should only collect "the kinds of data they need... to accomplish specific purposes."

http://www.forbes.com/sites/kashmirhill/2012/02/23/gov-agency-pressuring-facebook-to-collect-more-info-about-users-should-read-white-houses-privacy-report/

 

Web privacy fears spur US plans, BBC

The White House unveils a "bill of rights" for web users, calling for stronger privacy protections amid fears that online browsing habits are not secure.

http://www.bbc.co.uk/go/rss/int/news/-/news/world-us-canada-17144760

 

Statement from Time Warner Cable Regarding the "Consumer Privacy Bill of Rights" Announced Today by The White House, TWC

"Time Warner Cable commends the Administration for its announcement today of a 'Consumer Privacy Bill of Rights' and a multistakeholder process to foster a consistent and uniform federal framework to protect consumers' privacy online.  Protecting consumers' privacy is a bedrock principle for Time Warner Cable and we are pleased that the Administration is undertaking this important initiative through the Department of Commerce.   By ensuring that personal

http://www.timewarnercable.com/corporate/about/inthenews.ashx?PRID=3469&MarketID=0

 

White House Announcement Sets Course for Privacy, Microsoft

Consumer trust is vital to the growth of a vibrant Internet, and respect for privacy – putting people first – is essential to earning and maintaining that trust. Today's release by the White House of their framework signifies an important milestone in the evolution of privacy interests of Americans and individuals around the world.

http://blogs.technet.com/b/microsoft_on_the_issues/archive/2012/02/23/white-house-announcement-sets-course-for-privacy.aspx

 

Rockefeller Supports Administration's Online Privacy Proposal, Senate Commerce

Chairman John D. (Jay) Rockefeller IV made the following statement in support of the White House online privacy proposals announced today and reiterated his commitment to making sure consumers' personal information is protected:

http://commerce.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=86194c96-3f6c-47dd-a9f9-90c0d66c053f

 

White House Unveils New Comprehensive Privacy Blueprint, NTIA

The Obama Administration today unveiled a "Consumer Privacy Bill of Rights" as part of a comprehensive blueprint to improve consumers' privacy protections and ensure that the Internet remains an engine for innovation and economic growth.

http://www.ntia.doc.gov/blog/2012/white-house-unveils-new-comprehensive-privacy-blueprint

 

Obama Administration Unveils Promising Consumer Privacy Plan, but the Devil Will Be in the Details, EFF

Today the White House proposed a framework for protecting privacy in the digital age. The plan, laid out in detail in a white paper (pdf), includes a Consumer Privacy Bill of Rights based on well-established fair information practice principles. EFF, which has previously proposed a Bill of Privacy Rights for Social Network Users, believes this user-centered approach to privacy protection is a solid one.

https://www.eff.org/deeplinks/2012/02/obama-administration-unveils-promising-consumer-privacy-plan-devil-details

 

Did Google Defeat People's Privacy Preferences?, TLF

Given the importance of privacy self-help—that is, setting your browser to control what it reveals about you when you surf the Web—I was concerned to hear that Google, among others, had circumvented third-party cookie blocking that is a default setting of Apple's Safari browser. Jonathan Mayer of Stanford's Center for Internet and Society published a thorough and highly technical explanation of the problem on Thursday.

http://feedproxy.google.com/~r/techliberation/~3/ri5Vcw-kui0/

 

Google Under Fire: Tech Giant Bypassed Safari Users' Privacy Settings, Center for Internet and Society

no description

http://cyberlaw.stanford.edu/press/google-under-fire-tech-giant-bypassed-safari-users%E2%80%99-privacy-settings

 

Are Librarians Encouraging Public Libraries to Abide by COPPA?, apophenia

The Children's Online Privacy Protection Act (COPPA) was created to prevent corporations from collecting data about children without parental permission. This law explicitly does not apply to public institutions, non-profits, and government agencies. Yet, many public institutions not only choose not to collect data about children; they forbid children from accessing information without parental permission. Much to my surprise, this includes many public libraries

http://feedproxy.google.com/~r/zephoria/thoughts/~3/N8agcOKfthA/libraries-coppa.html

 

FCC chairman calls on ISPs to adopt new security measures, CW

U.S. Internet service providers should take new steps to protect subscribers against cyberattacks, including notifying customers when their computers are compromised, the chairman of the U.S. Federal Communications Commission said Wednesday.

http://rss.computerworld.com/~r/computerworld/news/feed/~3/BmG5TrHQ4wQ/FCC_chairman_calls_on_ISPs_to_adopt_new_security_measures

 

Does The Cybersecurity Act Of 2012 Mark The Beginning Of The War On Cyber-terrorism?, Forbes

The Cybersecurity Act of 2012 is the latest effort by Congress to do something about the threat of cyber attacks and cyber crime. Fortunately, and perhaps thanks to the efforts to quash SOPA and PIPA, the Act is quite a bit more restrained in scope than its predecessors.

http://www.forbes.com/sites/erikkain/2012/02/22/does-the-cybersecurity-act-of-2012-mark-the-beginning-of-the-war-on-cyber-terrorism/

 

FCC chairman calls on ISPs to help fight cyber attacks, CNET

Cyber security is a growing problem that threatens the U.S. economy, and FCC Chairman Julius Genachowski says broadband providers can help protect the public.

http://feedproxy.google.com/~r/cnet/tcoc/~3/YPQecAcmaOk/

 

FCC Chairman Embraces Industry Solutions for Cyber Security, Comcast

Today, FCC Chairman Julius Genachowski spoke about the growing threat of cyber attacks to our national economy and security, and embraced the need for real-time, industry-led solutions, rather than government mandates, as the best approach to address this problem.

http://blog.comcast.com/2012/02/fcc-chairman-embraces-industry-solutions-for-cyber-security.html

 

NIST Establishes National Cybersecurity Center of Excellence, NIST

State of Maryland and Montgomery County Join PartnershipThe State of Maryland and Montgomery County, Md., partner with NIST in the New National Cybersecurity Center of Excellence. At the Memorandum of Understanding Signing Feb. 21, from ...

http://www.nist.gov/itl/csd/nccoe-022112.cfm

 

Keeping the Internet Safe, AT&T

"Keeping the Internet safe for consumers to browse, transact business and communicate is an important objective not only for AT&T but any other business that operates online.

http://attpublicpolicy.com/cybersecurity/keeping-the-internet-safe/

 

The Death of SMS? Maybe So With Mountain Lion, Forbes

no description

http://www.forbes.com/sites/erikamorphy/2012/02/20/the-death-of-sms-maybe-so-with-mountain-lion/

 

How The Guy Who Didn't Invent Email Got Memorialized In The Press & The Smithsonian As The Inventor Of Email, Techdirt

Late last week, the Washington Post reported that The Smithsonian had acquired "tapes, documentation, copyrights, and over 50,000 lines of code from V.A. Shiva Ayyadurai, who both the Smithsonian and the Washington Post insisted was the "inventor of e-mail." There's just one problem with this: It's not actually true. Lots of

http://www.techdirt.com/articles/20120222/11132917842/how-guy-who-didnt-invent-email-got-memorialized-press-smithsonian-as-inventor-email.shtml

 

US Telecom Says FCC Broadband Order Would Be Better if a Few Rules Were Clarified, USTelecom

no description

http://www.ustelecom.org/blog/us-telecom-says-fcc-broadband-order-would-be-better-if-few-rules-were-clarified

 

 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

"If there are no dogs in Heaven, then when I die I want to go where they went."-Will Rogers

:: Adopt a Rescue Dog or Cat :: http://www.petfinder.com ::

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Website :: www.cybertelecom.org

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Twitter & Facebook :: Cybertelecom

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ACPA Part 9: Failed Conspiracies: "It's All About Trademark"

In reviewing 11 years of AntiCybersquatting Consumer Protection Act (ACPA) cases, I came up with a number of conspiracy theories that could be tested but did not pan out.  The next few posts are my failed conspiracy theories.

The first theory, which assumes that ACPA decisions have gone astray, is that when the courts conduct their ACPA analysis, they always consider the Good Faith (aka mitigating) Factors, treating them like a standard trademark infringement analysis, and hold it against the Domain Name Owners (DNOs). According to this theory, the courts only consider the Bad Faith Factors (aka aggravating), which deal directly with cybersquatting, only when it's convenient to the courts outcome. Furthermore, according to the theory, the courts consider the trademark-like factors more often than the domain name registration factors. In other words, if you mess with someone's trademark, it matters a lot; how your register domain names doesn't matter so much.

But all this turns out not to be true.

In the 67 cases reviewed:

• the average percentage of Good Faith Factors considered is 59%; and
• the average percentage of Bad Faith Factors considered is 60%. 

If we plot the percentage of Good Faith Factors considered against the percentage of Bad Faith Factors considered, on an individual litigation basis, nothing jumps out suggesting that Good Faith Factors are favored.

On average, the more that Good Faith Factors are considered, the more Bad Faith Factors are considered.

There is one interesting distinction between the treatment of Good Faith Factors and Bad Faith Factors: the "neutral" score. In consideration of the Bad Faith Factors, some courts  scored the Bad Faith Factors as "neutral." For example, if the DNO had provided accurate information in the domain name registration, instead of scoring this in favor of the DNO, the court would score it as "neutral." Conversely, Good Faith Factors were rarely scored as neutral. The Good Faith Factors were scored as "Neutral" 6 times where the Bad Faith Factors were scored as "Neutral" 25 times.

To be clear, I support the “Neutral” score. On the mitigating factors, the factors should either justify the DNO’s actions, or they should be neutral. On the aggravating factors, either they should cast further aspiration on the DNO’s actions, or they should be neutral. I am not objecting to the neutral score. However, One would expect to see these equally balanced between the good faith factors and the bad-bad faith factors – the fact that they are not, this is where some sandbagging may be taking place.

Next: Another Failed Conspiracy

2.15 :: 67 Cases :: Crowded :: Linus' Law :: Depressing :: That Must Be Illegal :: Smartphone, Dumb Regs :: Fear-mongering Surveillance

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================

>> This was cued up early this week and I never got it out. Sorry.

Got Open WiFi? Get a lawyer., Forbes
Sometime ago I wrote about how your WiFi might be hacked due to a
technical SNAFU in something that is a standard feature of WiFi access
http://www.forbes.com/sites/markgibbs/2012/02/13/got-open-wifi-get-a-lawyer/

Would a "right of reply" f ix Section 230 of the Communications
Decency Act?, Intl J of Law and Info Tech
Section 230 of the Communications Decency Act provides immunity from
defamation claims to ISPs and website owners for materials posted by
third parties. However, the statute also imposes a hardship on the
victims of that defamation, since they are often left without a remedy
against an anonymous
http://ijlit.oxfordjournals.org/content/20/1/73.short

"Network Neutrality": the meme, its cost, its future, CAIDA
k. claffy, "'Network Neutrality': the meme, its cost, its future", ACM
SIGCOMM Computer Communication Review (CCR), vol. 41, no. 1, pp.
44--45, Sep 2011.
http://www.caida.org/publications/papers/2011/network_neutrality/

Net neutrality and the EU electronic communications regulatory
framework, Intl J of Law and Info Tech
For the most part, the current Internet is open, the whole Internet is
available to anyone who connects to it. The reason for this openness
is that the network
http://ijlit.oxfordjournals.org/content/20/1/48.short

AT&T Throttles Customers, Comes Under Fire, Forbes
AT&T is under fire for throttling its top data users, as the spectrum
crunch gradually renders unlimited data plans a thing of the past.
http://www.forbes.com/sites/mobiledia/2012/02/14/att-throttles-customers-comes-under-fire/

ACPA Part 8: Sixty Seven Cases, Cybertelecom
These posts review the first 11 years of AntiCybersquatting Consumer
Protective Act (ACPA) dispositive federal caselaw. Decisions were
found by searching Google Scholar for the term "cybersquatting,"
reviewing cases cited by uncovered cases and literature, and tracking
new cases
http://feedproxy.google.com/~r/CybertelecomBlog/~3/D2cgoJS6PN8/acpa-part-8-sixty-seven-cases.html

Will the UN take over Net governance?, TLF
Over at TIME.com I write that we should keep a close eye on moves by
Russia, China and other countries to move Internet governance to the
UN:
http://feedproxy.google.com/~r/techliberation/~3/uZfI--Ndh90/

The World Of Open Textbooks Just Became A Little More Crowded -- And A
Little More Open, Techdirt
Open e-textbooks are hardly new: Techdirt has been reporting on the
pioneer in this market, Flat World Knowledge, for several years now.
But a new entrant called OpenStax College is noteworthy for a number
of reasons:
http://www.techdirt.com/blog/casestudies/articles/20120209/09331017710/world-open-textbooks-just-became-little-more-crowded-little-more-open.shtml

Justice Department OKs Google's bid for Motorola, CNET
The Justice Department says it doesn't believe that Google's $12.5
billion acquisition of Motorola Mobility will affect competition.
http://feedproxy.google.com/~r/cnet/tcoc/~3/iRxq3xfmLIw/

Iran Starts Blocking All Encrypted Traffic - As Tor Works on Solution
to Bypass Iranian Filters, DSLReports
Late last year Iranian leaders made it a criminal offense to bypass
the country's Internet filters using VPNs or any other technology. The
announcement by Iranian Telecommunications Minister Reza Taghipour
insisted the move was made to combat a "soft war being waged by
http://www.dslreports.com/shownews/Iran-Starts-Blocking-All-Encrypted-Traffic-118323

Canada wants warrantless Internet spying, says critics support child
porn, Ars Technica
Canada's conservative government has re-introduced an Internet
surveillance bill that would allow the government to obtain
information about Internet subscribers—without a warrant.
http://arstechnica.com/tech-policy/news/2012/02/canadian-government-proposes-warrantless-internet-spying-bill.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

The Curious Case of the D.C. District's Anonymity Orders, Citizens
Media Law Project
Just before Christmas 2011, a federal magistrate working under D.C.
District Court issued a… curious ruling. The case is Hard Drive v.
Does 1-1,495, another one of these mass-joinder copyright-infringement
cases. I recommend hitting that link for the full story, but here's
the basic sketch:
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/cgpWSoEMZ3I/curious-case-dc-districts-anonymity-orders

EU Official Who Resigned Over ACTA Details Why ACTA Is Dangerous;
While His Replacement Seems Unlikely To Care, Techdirt
Last month, we noted that, Kader Arif, the ACTA rapporteur -- or the
guy in charge of "investigating" ACTA for the EU Parliament -- had
resigned in disgust over the fact that the EU was moving forward with
ACTA. He noted that he was denouncing both the process and the
agreement itself. Arif
http://www.techdirt.com/articles/20120213/01140117739/eu-official-who-resigned-over-acta-details-why-acta-is-dangerous-while-his-replacement-seems-unlikely-to-care.shtml

Jessica Wang, A Brave New Step: Why the Music Industry Should Follow
the Hulu Model, IDEA
The single greatest problem facing the music industry today is its
inability to find an effective response to illegal music downloading.
Approximately ninety-five percent of music was downloaded illegally in
2008,1 and one can
http://nessiteras.piercelaw.edu/assets/pdf/idea-vol51-no3-wang.pdf

Germany Won't Sign ACTA, Forbes
It worked against SOPA, and it seems like the massive mobilization of
internet protests may be derailing the once-inevitable ACTA as well.
http://www.forbes.com/sites/davidthier/2012/02/10/germany-wont-sign-acta/

The range of Linus' Law, Virulent Word of Mouse
After more than a decade of successful growth, Wikipedia continues to
defy easy characterization. It receives more than 400 million viewers
per month. Close to four million articles grace its web pages in
English alone. Volunteers built the entire corpus of text.
http://virulentwordofmouse.wordpress.com/2012/02/13/the-range-of-linus-law/

Depressing: News Sites Are Their Own Biggest Advertisers, Forbes
Broadly speaking, legacy publishers have done a terrible job of
convincing the marketers who advertise with them in print to extend
their relationships to the digital realm. A new report from the Pew
Research Center's Project for Excellence in Journalism shows just how
terrible.
http://www.forbes.com/sites/jeffbercovici/2012/02/13/depressing-news-sites-are-their-own-biggest-advertisers/

EFF Unveils New Project: Bloggers Under Fire, EFF
2011 was by many accounts 'the year of the protester.' From Tunisia
to Oakland, activists took to the streets—and to social networks—to
express themselves and their grievances. But while many were
successful in using online tools in their activism, others faced grave
consequences.
https://www.eff.org/deeplinks/2012/02/eff-unveils-new-project-bloggers-under-fire

Oh No! Car Dealers Might Have To Deal With Informed Customers! That
Must Be Illegal!, Techdirt
A few folks sent over this recent NY Times article about how the
traditional auto sales world was apparently up in arms about a company
called TrueCar that seeks to make the process of buying cars easier by
providing more info to buyers about what cars are actually selling
for, what the
http://www.techdirt.com/blog/innovation/articles/20120213/04002117742/oh-no-car-dealers-might-have-to-deal-with-informed-customers-that-must-be-illegal.shtml

Netflix Cuts Q4 Profits To Reflect Suit Settlement; Shrs Off, Forbes
Netflix has reduced its previously reported Q4 profits to 64 cents a
share from 73 cents.
http://www.forbes.com/sites/ericsavitz/2012/02/13/netflix-cuts-q4-profits-to-reflect-suit-settlement-shrs-off/

Netflix pays $9 million to settle privacy violation lawsuit, CNET
After a higher-than-expected fourth quarter, the video subscription
service unburdens itself of a pending yearlong class action suit and
settles for $9 million.
http://feedproxy.google.com/~r/cnet/tcoc/~3/qXEcnsegWcs/

Take that, Netflix: Hulu premieres Battleground series, Gigaom
Hulu launched its first original scripted series Battleground Monday
night, just one week after Netflix started its foray into original
programming with Lilyhammer.
http://feedproxy.google.com/~r/OmMalik/~3/kTrogUxnGYQ/

Tidbits from the FCC's Proposed Budget, Telecom Law Monitor
Yesterday, the FCC released its proposed budget for fiscal year 2103
(beginning in October 2012). The budget offers a few interesting
insights into the balance of the FCC's functions. It also offers a
preview of what to expect with the FCC's regulatory fees, which are
due in September of each year. See below for more.
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/n6eaBo72ag8/

VIDEO: Who owns your online personal data?, BBC
David Reid reports on the new European Commission directive that aims
to put you back in charge of your data.
http://news.bbc.co.uk/go/rss/int/news/-/2/hi/programmes/click_online/9695021.stm

NIST Proposes Governance Structure for Internet Identity, EPIC
The National Institute of Standards and Technology has released a
report detailing the governance structure for the White House's
National Strategy for Trusted Identities in Cyberspace. EPIC, joined
by the Liberty Coalition, submitted comments on the original proposal,
emphasizing
http://epic.org/2012/02/nist-proposes-governance-struc.html

Smartphone, Dumb Regulations: Mixed Signals in Mobile Privacy, Fordham
IP Media & Ent LJ
If you happen to use one of the 200 million1 iPhone, iPad, and iPod
touch devices on the planet, Apple knows where you are.
http://iplj.net/blog/wp-content/uploads/2012/01/C06_Levis.pdf

Anonymous Hacks CIA Website, Forbes
"CIA TANGO DOWN" reads an Anonymous-affiliated Twitter account. It's
military-speak for eliminating a hostile force that has infilitrated
hacker circles as an announcement of a successful attack.
http://www.forbes.com/sites/davidthier/2012/02/10/cia-website-hacked/

Staff-led Background Briefing on Cybersecurity Act of 2012, Senate Commerce
The Senate Committees on Commerce, Science, and Transportation and
Homeland Security and Governmental Affairs will host a staff-led
background briefing on bipartisan cybersecurity legislation, the
Cybersecurity Act of 2012.
http://commerce.senate.gov/public/index.cfm?p=special-events&ContentRecord_id=4cdd9f63-a420-4ada-888c-4abdbc7fda6d

FDA defends its monitoring of whistle-blowers' email, CW
The FDA Friday said it monitored the private email accounts of nine
agency whistle-blowers starting in 2010 to determine whether any of
them leaked confidential information to the public.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/kXdctROTnSQ/FDA_defends_its_monitoring_of_whistle_blowers_email

FBI seeks social media monitoring tool, CW
In a move that's unlikely to sit well with privacy advocates, the FBI
has begun scouting for a tool that will allow it to gather and mine
data from social networks like Facebook, Twitter and blogs.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/bIULC48K83A/FBI_seeks_social_media_monitoring_tool

15 Years On, President Clinton's 5 Principles for Internet Policy
Remain the Perfect Paradigm, Forbes
What principles should guide Internet policy? Fifteen years ago, the
Clinton Administration proposed a paradigm for how cyberspace should
be governed that remains the most succinct articulation of a
pro-liberty, market-oriented vision for cyberspace ever penned. It
recommended that we
http://www.forbes.com/sites/adamthierer/2012/02/12/15-years-on-president-clintons-5-principles-for-internet-policy-remain-the-perfect-paradigm/

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
:: Adopt a Rescue Dog or Cat :: http://www.petfinder.com ::
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

AUP :: www.cybertelecom.org/cybert.htm#aup
Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

NYU Privacy Research Fellowship Available for 2012-13 Academic Year

A research opportunity that was forward to me

The Information Law Institute of NYU's Engelberg Center on Innovation  Law and Policy is accepting applications for one or more one-year  fellowships in the area of privacy law and policy to begin in Fall 2012. The fellowship is open to law school graduates or PhDs in relevant disciplines with excellent credentials. Additional legal or policy experience is a plus, particularly if in a related field.  While in residence at NYU School of Law, the fellow will be expected to devote time to joint projects, pursue his or her own privacy-related research agenda, and help with programming of topical events. Joint research may be supervised by Professors Florencia Marotta-Wurgler, Helen Nissenbaum, Katherine Strandburg, or ILI Senior Fellow Ira Rubinstein. The fellow will have the opportunity to participate in Information Law Institute activities, including the multidisciplinary Privacy Research Group, interact with other faculty associated with the ILI and Engelberg Center, and take part in many other activities at NYU School of Law.  Applications should be sent via email to ILI assistant  Nicole Arzt (nicole.arzt@nyu.edu) and should include a cover letter, curriculum vitae, copies of or links to any relevant publications, and the names and contact information of three references. We will begin reviewing applications March 10 and continue until the position is  filled. The fellowship is made possible by a generous grant from Microsoft Corporation.

ACPA Part 8: Sixty Seven Cases

These posts review the first 11 years of AntiCybersquatting Consumer Protective Act (ACPA) dispositive federal caselaw. Decisions were found by searching Google Scholar for the term "cybersquatting," reviewing cases cited by uncovered cases and literature, and tracking new cases through the use of Google Scholar Alerts using the terms "cybersquatting" and "15 U.S.C. § 1125(d)."

Preliminary Results

Some preliminary results:

• Total number of cases reviewed: 67 
• Percentage of cases where Trademark Owner (TMO) prevailed: 66%
• Percentage of cases where Domain Name Owner (DNO) prevailed: 34%
• Total factors considered all cases: 364
• Average number of factors considered in a case: 5.4
• Total factors in favor of DNO: 93 (26%) 
• Total factors in favor of TMO: 261 (72%)
• The number of cases that considered 9 or more factors: 22
• Fewest factors considered in a TMO winning case: 1

When the ACPA was first enacting, there was a flurry of cases. Then, for the next eight years, generally the number of ACPA cases hovered at small numbers. The year 2010 saw a spike in cases, but 2011 (8 months into the year) does not appear to be sustaining that spike.

 

DNOs have won on average 34% of the cases. In the initial year of litigation, TMO won all of the cases. Over time DNOs have fared progressively better, winning the majority of cases two out of the last three full calendar years. 

 Next: Failed Conspiracies