A free and open Internet is a prerequisite for innovation policy that promotes the positive health and growth of the Internet. Other innovation policy issues on which IP Justice engages include Permissionless Innovation, Open Technology Standards, Artificial Intelligence, Reverse Engineering, Software Patents, and Limitations on Liability of Internet Service Providers and Other Intermediaries including Section 230 of the Communications Decency Act as well as contributory copyright infringement.
ICANN Board Discusses Policy to Censor New Domain Names: Public Encouraged to Attend LA Meeting and Voice Concerns
ICANN, the Internet Corporation for Assigned Names and Numbers, holds its 30th International Public Meeting in Los Angeles from 29 October through 2 November. ICANN is the private corporation set up by the US Commerce Department to manage the assignment of Internet domain names and numbers in 1997. An important item on the meeting’s agenda is a proposed policy to allow for the registration of new Generic Top-Level Domains (gTLDs, such as “.com†or “.netâ€). On 6 September 2007 ICANN's Generic Names Supporting Organization (GNSO) Policy Council voted to approve this policy and sent it to the Board of Directors, who may vote on it during this meeting. The Keep The Core Neutral Coalition (KTCN) opposes several recommendations in the GNSO’s final report that threaten freedom of expression, and urges the Board to either reject the policy, reject specific recommendations, or to refrain from voting on the policy until its harmful ramifications are addressed.
IP Justice Recommendations for a Development Agenda at WIPO
IP Justice Recommendations for the 2007 WIPO General Assembly on the WIPO Development Agenda In 2004, at the General Assembly of the WIPO, two member nations Brazil and Argentina submitted proposals for establishing a Development Agenda for WIPO. This proposal found wide support from most member nations to WIPO. As [...]
Standards Edge Conference: Digital Inclusion – Accelerating Global Participation & Access Through ‘Open ICT Standards’
The 'Standards Edge' conference entitled Digital Inclusion: Accelerating Global Participation & Access through Open ICT Standards. The conference will take place on November 11, 2007, one day before the Internet Governance Forum, in Rio de Janeiro, Brazil. This conference is sponsored by Sun Microsystems and the Bolin Group. Invited sponsors [...]
IP Justice Comments on GNSO’s New GTLD Committee Recommendations: Proposal Would Create a Private Tyranny of Illegal Censorship and Illegitimate Authority at ICANN
"IP Justice supports the introduction of new generic top-level Internet domain names as quickly and as broadly as possible. However, we are deeply concerned about recommendations put forth by the GNSO New GTLD Committee (and ICANN) for evaluating applications will stifle free expression on the Internet. The recommendations would create a policy of censorship on the Internet where controversial and offensive ideas can be banned at the top-level, despite numerous longstanding national and international freedom of expression guarantees. The illegitimate system of governance proposed by the recommendations violates the sovereignty of nations and the civil rights of Internet users. ICANN usurps the rights of states to decide what ideas may be expressed within their borders and who is entitled to express them. ICANN and its proposed expert panels have no legal authority to decide what ideas people may express. Nor does ICANN or its experts have any legitimacy or authority to adjudicate competing legal rights. The proposal makes a mockery of democracy, since these structures exist entirely outside of legitimate lawmaking institutions ..."
Netizens Encouraged to Weigh-In on Free Expression Concerns at ICANN
"ICANN announced Friday that a 21-day comment period has opened for the public to submit comments regarding ICANN's proposed policy for approving new generic top-level domains (gTLDs) on the Internet. The Keep The Core Neutral coalition (KTCN) has created a new Action Alert to guide supporters in submitting comments to ICANN. KTCN is concerned with policy recommendations for ICANN to reject domain names that others find to be offensive or immoral. KTCN calls on ICANN to refrain from making general policy decisions and to stick to its technical mission. KTCN launched in June 2007 and now has over 200 organizational and individual members from around the world. All coalition members have signed a petition urging ICANN to refrain from using non-technical criteria for approving applications for new gTLDs and to create a policy driven by the protection freedom of expression and innovation on the Internet..."
Internet Core Neutrality: Drawing a Line in the Sand at ICANN
By Dan Krimm. "Most people have never heard of ICANN, the Internet Corporation for Assigned Names and Numbers, but the number who have may be about to grow significantly. ICANN is a nonprofit organization less than a decade old that makes policy about the Internet's Domain Name System (DNS). This organization determines policy for registries of top-level domains (TLDs) such as '.com' or '.net', for registrars of second-level domains (2LDs) such as 'mywebsite.com' or 'yourwebsite.net' and for the Root Server Operators whose computers tell the rest of the computers on the Internet what TLDs exist and where to find them. A matter of concern only to techno/Inter-geeks, right? Wrong. While ICANN's original mandate in 1998 was basically limited to making sure the DNS didn't break due to technical and operational flaws, mission-creep at ICANN has expanded its reach well beyond that narrow technical realm and into the world of general public policy. Current policy deliberations at ICANN are increasingly touching upon broad issues like personal privacy, crime-fighting, trademark enforcement, and morality and public order in general. ..."
KEEP THE CORE NEUTRAL: Global Petition Urges ICANN to Protect Free Expression and Innovation in Domain Name Policy
"The "Keep The Core Neutral" campaign officially launched this week with an educational workshop at the 29th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) in San Juan, Puerto Rico. ICANN handles technical coordination of the Internet and sets policy surrounding the domain name system (DNS), the Internet’s basic addressing system that allows people to locate web sites and use email. The DNS is informally called the technical “core" of the Internet. The Keep The Core Neutral Coalition launched with over 100 members from around the world, including both individuals and organizations. Coalition members signed a petition urging ICANN to resist efforts to evaluate applications for new generic top-level domains (gTLDs) based on non-technical criteria such as ideas about morality and competing national political objectives. ..."
Joint NGO Statement at the 2nd Special Session of WIPO’s SCCR
We call upon WIPO delegates to reject the proposed WIPO Broadcast Treaty. After more than 9 years of discussions, efforts to find a treaty formulation that deals with piracy of broadcast signals, but which does not harm copyright owners and the legitimate users of broadcasts have failed.
NCUC Statement on Draft GNSO New GTLD Policy Recommendations
"... Our overall concern remains that despite platitudes to certain, transparent and predictable criteria—the GNSO’s draft recommendations create arbitrary vetoes and excessive challenges to applications. There are some for incumbents; for trademark rights holders; for the easily offended, for repressive governments and worst of all, for “the publicâ€. Among the more troubling proposals is the introduction of criteria in which strings must be ‘morally’ acceptable and not contrary to ‘public order’. A concept borrowed from trademark law without precedent in the regulation of non-commercial speech. NCUC opposes any string criteria related to ‘morality’ or ‘public order’ as beyond ICANN’s technical mandate...."
“Keep the Core Neutral” Civil Society Workshop at ICANN Board Meeting 27 June in San Juan
Civil society's "Keep the Core Neutral" workshop will explore freedom of expression issues in the policy development process to introduce new generic top-level domains (gtlds)? As the ICANN community debates policy options to allow new top-level domains, it must consider important issues that impact what ideas may be expressed in a domain name. The workshop aims to provide a public discussion point in the ICANN policy development process for new top-level domains.
Legal Briefing Paper from Law Professor Christine Haight Farley on GNSO Recommendations for Domain Name Policy
Before I make observations specific to these recommendations, I would like to offer some general remarks about the overall incongruence between trademarks and domain names. It is important to note at the outset this general lack of equivalence between trademark law and domain name policy. For instance, trademark law the world over is fundamentally based on the concept of territoriality. Thus trademark law seeks to protect regionally and market-based marks without implication for the protection or availability of that mark in another region. In contrast, domain names have global reach, are accessible everywhere and have implications for speech around the world. ...
Legal Briefing Paper from Law Professor Jacqueline Lipton on GNSO Recommendations for Domain Name Policy
"... It is important to start re-focusing the regulation of the Internet domain name system generally on interests outside of pure trademark interests. The introduction of new gTLDs and the development of processes for introducing them may provide a good opportunity for achieving this goal. However, any attempt to regulate broad policy issues relating to social and cultural norms on speech, public order and morality in domain names will be very difficult for any national or international body or group. ICANN also faces the practical difficulty that its major area of expertise is technical and functional. It is therefore important for ICANN to clarify what groups, bodies or individuals it might utilize in carrying out future legal and social developments within development of its domain name processes. In particular, ICANN should consider more specifically who to consult in formalizing specific processes for: (a) the introduction of new gTLD strings; (b) establishing dispute resolution procedures for those strings; and, (c) deciding whether the introduction of particular new strings should be deferred or rejected...."
NCUC Proposes Amendments to Protect Free Expression in Domain Name Policy at ICANN
ICANN's Non-Commercial User's Constituency (NCUC) introduced 5 proposals to amend the draft GNSO recommendations for a policy to introduce new generic top-level domains (gtlds). NCUC's amendments are intended to provide some recognition of respect for freedom of expression rights in the GNSO recommendations. NCUC proposes that ICANN keep the core neutral of national, regional, moral, and religious policy conflicts. The current draft GNSO recommendations would not permit a controversial or offensive word to be included in a top-level Internet domain name and would expand the rights of trademark owners on the Internet.
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.