Internet governance issues on which IP Justice engages include: Accountability of Internet Governance Institutions, Multi-Stakeholderism, the Role of Governments, Civil Society, Domain Name Policy, International Relations, Democracy, Justice, Transparency, Internet Freedom, Development, Human Rights, Whois Privacy Policy, Cross-Border Jurisdiction and the Limits of National Sovereignty in Cyberspace
Internet governance venues in which IP Justice participates include: The Internet Corporation for Assigned Names and Numbers (ICANN), the United Nations Internet Governance Forum (IGF), Net Mundial, ITU World Summit on the Information Society (WSIS)
ICANN Board Approves Censorship Policy for Domain Names Based on Morality: 2 Board Members Speak Against It
Today in Paris the ICANN Board passed the GNSO's controversial recommendations to censor top level domains based on notions of "morality and public order", and broadly defined "community" wishes. However, 2 ICANN board members, law professors Wendy Seltzer (on behalf of the At-Large Internet Users) and Susan Crawford, made very powerful and compelling statements to protect free expression on the top level of the Internet. Hopefully Professor Crawford is right and this harm can be mitigated through narrowly tailored implementation.
IGF 2008 Hyderabad: Program, Agenda and Format of Hyderabad Meeting
Internet Governance Forum (IGF) Program, Agenda and Format of the Hyderabad Meeting I. Introduction This paper aims to provide an update to the planning on programme, agenda and format of the third IGF meeting, which is to take place in Hyderabad on 3 – 6 December 2008. The paper is [...]
US Congress Cites Free Expression as Reason ICANN Must Remain Controlled by US Govt.
US Congressmen are up to their old tricks of pretending to care about free expression publicly, while undermining it's practice with their policy decisions -- especially when it comes to free speech on the Internet. Congressman Edward Markey, the Chairman of the Congressional Sub-committee on Telecommunications and the Internet sent a letter urging the US Government to refuse to relinquish unilateral oversight of ICANN, the US Commerce Department created organization set up to manage the Internet's root server. Although the reason given by the politicians for needing the US to dominate Internet policy is to protect freedom of expression on the Internet, it is worth noting that ICANN and the US Congress have consistently refused to respect freedom of expression principles in its Internet policy-making choices. (Remember the new ICANN plan to prohibit top-level domain names that are offensive, immoral, disorderly, and desired by 'established institutions'?) The Internet Governance Project Blog discusses in more detail the irony of using freedom of expression arguments in order to continue to engage in censorship at ICANN. The post is worth a read to anyone who cares about freedom of expression on the Internet....
IP Justice Statement at IGF Open Consultation of IGF Dynamic Coalition for Access to Knowledge and Free Expression (A2K@IGF)
"IPR protection has always been given to creators and inventors in exchange for some benefit to the public. These are usually included in IP law as exceptions and limitations that can provide a benefit to the public. For example, when copyright owners permit the copying of their materials for private and educational use, they contribute to the general pool of knowledge available on the Internet. The practice of remixing, re-using, editing, and combining of audio-video and text to comment on culture and create transformative works depends upon a system of robust exceptions and limitations to exclusive rights. This coalition supports innovation and the creation of wealth through IPR incentivization, but we also seek to support alternative models for creating knowledge goods, including free and open source software, or open scholarly and scientific journals, and on-line access to scholarly research, publicly funded research, and essential documents such as legal information. The A2K@IGF coalition welcomes a discussion in Hyderabd that explores best practices for promoting sharing of knowledge and access to information and that explores a variety of business models designed to encourage creativity and innovation. We welcome participation from all stakeholders in this ongoing discussion to build an open and inclusive Internet to promote human development and individual empowerment...."
A2K@IGF Statement at IGF Open Consultation (Audio)
Statement at the IGF Open Consultation from the IGF Dynamic Coalition for Access to Knowledge and Free Expression (A2K@IGF) (Audio file - .mp3)
Mandate of Advisory Group of Internet Governance Forum Extended
The mandate of the Multistakeholder Advisory Group of the Internet Governance Forum has been extended. The Special Adviser for Internet Governance to the Secretary-General, Nitin Desai, has been asked to continue as the Chairman of the Advisory Group, which will meet again on 13 to 15 May in Geneva before handing over to a renewed group to prepare the next Internet Governance Forum meeting in Hyderabad, India, on 3 to 6 December. The Advisory Group will renew up to one third of its members within each stakeholder group. ...
Draft Program Outline for the Third Meeting of the IGF in Hyderabad in Dec. 2008
Draft Program Outline for the Third Meeting of the Internet Governance Forum (IGF) Hyderabad, 3-6 December 2008 Introduction This paper aims to provide an input into the open round of consultations on 13 May 2008 to discuss programme and agenda for the third meeting of the IGF in Hyderabad. It [...]
IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA)
In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for intellectual property rights enforcement, the proposed Anti-Counterfeiting Trade Agreement (ACTA). ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland -- those countries with the largest intellectual property industries. Other countries invited to participate in ACTA’s negotiation process are Canada, Australia, Korea, Mexico and New Zealand. Noticeably absent from ACTA’s negotiations are leaders from developing countries who hold national policy priorities that differ from the international intellectual property industry....
Public-Interest Principles for the Networked Communications Environment
Why is Free Expression Important in an Information Society? The UK-based "Freedom of Expression Project" posted "Public Interest Principles for the Networked Communications Environment". The draft document provides useful analysis on the importance of freedom of expression, open standards, interoperability, respect for privacy, and balanced copyright law as key policy goals for a healthy and robust information society. The project aims to complete an agreed set of principles by December 2008....
8-10 Sept. 2008: Yale’s A2K-3 Conference in Geneva (3rd Access to Knowledge Conference)
The Information Society Project (ISP) at Yale Law School will host the third Access to Knowledge Conference (A2K3) September 8-10, 2008, in Geneva, Switzerland. It will be held at the Geneva International Conference Centre and will bring together hundreds of decision-makers and experts on global knowledge to discuss the urgent need for policy reforms.
Text Adopted by WIPO Copyright Committee on Exceptions and Limitations
Brazil, Chile, Nicaragua and Uruguay presented a proposal which elaborated further the proposal by the delegation of Chile (SCCR/13/5). Many of the delegations who took the floor supported the proposal, in whole or in part. Other delegations expressed support or opposition to specific elements of document SCCR/13/5, which are reflected in their interventions in the report of the meeting....
Statement of the IGF Dynamic Coalition on an Internet Bill of Rights at the IGF Consultations in Geneva
Our mission is as follows: Bring awareness and promote fundamental human and civil rights and liberties on the internet; Identify ways in which these rights and liberties can be translated on the Internet, and evaluate the applicability of existing legislation; Promote the addressing of issues of human and civil rights in policy-making proposals by all stakeholders; Promote the specification of how the existing rights can be applied and what they practically imply in the context of new ICT technologies; Identify ways in which new rights and principles deriving from the innovations caused by the Internet can be defined, agreed and promoted when necessary; Seek to identify measures for the protection and enforcement of these rights; Seek to engage the various stakeholders within the Coalition's mission and express the Coalition's interest to work with them....
Class Action Lawsuit Against Network Solutions & ICANN for “Front-Running” of Domains and Defrauding Consumers
Network Solutions has forced millions of people to buy Internet domain names from them instead of cheaper competitors through a scheme that's netted the firm millions of dollars, a federal class action lawsuit filed today by Kabateck Brown Kellner, LLP states. ICANN, whose policies facilitate the scheme, is also named in the suit, filed in U.S. District Court, Central District of California. Each time someone asks Network Solutions about a domain name, the firm creates a monopoly for itself, forcing consumers to pay the price they demand," said Brian Kabateck, lead counsel in the class action and Kabateck Brown Kellner's Managing Partner. Whenever someone searches for the availability of a domain name through Network Solutions' website, the company immediately registers the name for itself, preventing other companies from selling it and forcing consumers to pay Network Solutions' expensive fees. If a consumer were to go to another, cheaper site to register the name, they would find the name is "unavailable." Consumers are never informed that inquiring as to a name's availability through Network Solutions results in the company holding a monopoly on selling that name. This allows Network Solutions to continue charging substantially higher prices for domain name registration. Network Solutions charged $34.99 to register the name sought by this suit's lead plaintiff. A competitor would have charged $9.99. Network Solutions' scheme is made possible by ICANN. ICANN allows companies that sell domain names to avoid paying registration fees for names cancelled within five days. Thus, Network Solutions can defraud customers at no cost to itself....
Background Information on the WIPO Development Agenda
Background Information on the WIPO Development Agenda Development Agenda in 2004 Led by Brazil and Argentina (and the Group of Friends of Development), developing nations issued a strong call for reform at the World Intellectual Property Office (WIPO) and adopted a “Development Agenda” in an effort to replace WIPO’s [...]
Domain Names are Bigger than Trademarks: ICANN’s New Consumer Protection Role
The terminology “confusingly similar†lends itself to the expansion of trademark rights to domain names by commercial uses and governments to the disadvantage of non-commercial users. ICANN should refrain from taking on consumer protection type roles (such as preventing “confusion†in people) and only regulate issues related to the technical coordination of the Domain Name System.