Digital Rights + Internet Governance + Innovation Policy

Free Expression Threatened by Policy to Ban Controversial Ideas in Domain Names

ICANN’s current proposal for evaluating new top-level domains will result in massive censorship on the Internet, since controversial or offensive ideas will not be allowed in a top-level domain. And the proposal vastly expands the rights of large trademark holders to control the use of language on the Internet, well beyond what US or international trademark law grants to trademark owners. ICANN’s historical practice of deferring to the intellectual property lobby in setting global domain name policy has consistently provided ammunition to those who would question ICANN’s legitimacy and its ability to govern in the global public interest. ICANN will continue to grapple with a perception of illegitimacy, particularly from the developing world, as long as it operates for the benefit of narrow special interests, while disregarding fundamental freedoms in its policy development process. For ICANN to remain the appropriate international forum to be entrusted with managing the Internet’s root server, ICANN must stick to its narrow technical mission and keep the core neutral on national policy issues.

Landmark Ruling: DVD-Unlocking Code Ruled Lawful in Europe

A Finnish Court has ruled that the Content Scrabling System (CSS) computer code, which unlocks DVD movies, is lawful in Europe. The decision was a first to interpret the legality of DVD decoding software under the 2001 European Copyright Directive. .... This ruling is good news for consumers and innovators who want to build interoperable tools that will permit consumers to engage in a full range of lawful activities with their digital media collections, like making digital movie archives and video "mash-ups". Besides applying across the EU, European experts believe this ruling will apply across media platforms and not restricted only to DVDs.

Report on WIPO in 2007 Global Information Society Watch

By Robin Gross. New leadership is needed at WIPO in key positions, like the chairmanship of WIPO’s copyright committee. The WIPO delegates themselves must hold WIPO accountable for its actions, by refusing to re-elect leaders who consistently ignore the explicit instructions of the WIPO General Assembly to pursue their own agenda. The proposed Broadcasting Treaty could not be a better example - where the WIPO General Assembly has told the WIPO Copyright Committee Chair Jukka Liedes that the proposed Broadcasting Treaty should be a “signal-based” approach, which still protects broadcasts from theft without creating a new set of exclusive rights. Yet Liedes continues to draft the proposals for the treaty with his preferred approach of creating new intellectual property rights for broadcasting companies. ....

2007 Report: IP Justice on WIPO in Global Information Society Watch

I've written a chapter about the World Intellectual Property Organization (WIPO) in a new report entitled "Global Information Society Watch" published by the Association for Progressive Communications (APC) and (iTeM). Besides WIPO, the report includes a number of other articles about global policy-making institutions such as ICANN, ITU, UNESCO, and UNDP. The report officially launches [...]

ICANN Board Vote Signals Era of Censorship in Domain Names

"While Friday's vote was specific to the application for a .XXX domain name space, the Board Members' vote signals their position as to whether they are comfortable with ICANN expanding its mission to become a regulator of online human behavior. By voting to turn down the .XXX application for public policy reasons, the Board indicated it will go beyond its technical mission of DNS coordination and seek to decide what ideas are allowed to be given a voice in the new domain name space. Unfortunately, it looks like it will be impossible for any idea that is politically or culturally controversial to be permitted a new domain name space by ICANN. ICANN is setting itself up as an institution of censorship and subordination to the conflicting goals of governments...."

Sample Letter to Govt Advisory Committee (GAC) Member on Proposed New gTLD Policy

I am writing to you because I am concerned about the GNSO draft final report on the Introduction of New Generic Top-Level Domains, GNSO PDP-Dec05, released 16 March 2007. This proposal contains several troubling provisions involving criteria and processes to select which text strings will be accepted as new gTLDs. These provisions will threaten the national sovereignty of individual nations by allowing other countries to block new gTLD strings that are perfectly lawful in another country.

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. ..."

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. ...

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