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Dr. Peng Hwa Ang Speaks on "Who's Really Out To Control the Internet?"
http://www.hamilton.edu/news/more_news/display.cfm?id=11338

U.N. summit revives concerns about Net control
http://news.zdnet.com/2100-9588_22-6130087.html

Should ICANN Become Autonomous? (AP)
http://wired.com/news/wireservice/0,72017-0.html

"Call to Bloggers" to stand up for freedom ahead of world meeting on future of 
Internet (news release)
http://web.amnesty.org/library/Index/ENGPOL300552006

au: ENUM Day - Sydney, 15th November 2006
http://www.enumday.com.au

***************
RESEARCH PAPERS
***************
Online Dispute Resolution by MELISSA CONLEY TYLER (University of 
Melbourne-Faculty of Law/U of Melbourne Legal Studies Research Paper)
Abstract: Every community - whether physical or virtual - will inevitably 
experience conflict. New ways of interacting through information and 
communications technology lead to new conflicts, such as domain name or 
e-commerce disputes. At the same time, governments need to deal with the entire 
range of disputes in society, whether crimes, neighborhood disputes, ethnic 
conflict or disputes with its own employees. A key role for government and for 
e-governance is providing mechanisms to help resolve these disputes. The 
emerging area of online dispute resolution (ODR) potentially offers a useful 
set of tools and techniques for resolving disputes. Capable of being used for 
both online and offline disputes, ODR has already proved that it can provide 
effective resolution for at least some disputes: more than 1.5 million cases 
had been successfully resolved online to July 2004 (Conley Tyler, 2005). 
Governments and e-governance institutions around the world are adopting or 
considering the applicability of ODR as a tool for digital government.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=934947

Domain Name Piracy - A Threat to Trade Marks by RAGHVENDRA SINGH RAGHUVANSHI 
(National Law Institute University/The Intellectual Property Law Review)
Abstract: In this paper I have endeavored to discuss the intricacies rooted in 
the disputes between trademarks and domain names. I shall discuss the legal 
position of domain names in India at length. Further I shall also discuss 
various kinds of domain names with special reference to remedies available. 
Moreover the effect of use of somebody else's trademarks in Meta-tags is also 
discussed in brief and whether that constitutes trademark infringement or not. 
In last but not the least practical recommendations are set forth followed by 
conclusion.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=935097

United States Approaches to Trademark Protection in Cyberspace by DOUGLAS J. 
SYLVESTER Arizona State University (College of Law/Jurisprudencija (Lithuania))
In this essay, the author focusses on two areas: (i) cybersquatting and 
dilution; and (ii) metatagging, keywords, and initial interest confusion. 
Although these two areas provide only a taste of the legal issues raised by 
online trademark usage, they capture the basic approach that lawmakers have 
taken in the face of technological challenge - protect trademark owners' 
interests.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=937411

IP addressing in China and the Myth of Address Shortage
In recent years, various sources have repeated a myth that the IPv4 address 
pool is close to exhaustion. Many of these stories also falsely claim that 
there are fewer IPv4 addresses allocated to China than to some individual US 
universities. The Asia Pacific Network Information Centre (APNIC) is committed 
to countering this myth and has published an article in its newsletter Apster 
on this topic.
http://www.apnic.net/news/hot-topics/internet-gov/ip-china.html

IPv6 Internals by Iljitsch van Beijnum
This article discusses some of the protocol details you should be aware of when 
planning a transition from IPv4 to IPv6. Although it is not intended as a 
complete step-by-step guide, this article explains the differences between IPv4 
and IPv6 as they relate to actually operating a network. Vendor-and operating 
system specific details can be found in the book from which this text was 
adapted, and further information is available in the references.
http://cisco.com/web/about/ac123/ac147/archived_issues/ipj_9-3/ipv6_internals.html

*****************
GOVERNANCE
*****************
Dr. Peng Hwa Ang Speaks on "Who's Really Out To Control the Internet?"
Dr. Peng Hwa Ang (Nanyang Technological University) gave a lecture titled 
“Who’s Really Out To Control the Internet? UN and U.S.A. Internet Governance” 
at Hamilton on Oct. 26. Dr. Ang is the dean of the School of Communication and 
Information at the Nanyang Technological University in Singapore, as well as 
one of 40 persons appointed by Secretary-General Kofi Annan to a UN Working 
Group on Internet Governance in 2004. He spoke about the current international 
efforts to create a multilateral, transparent, and democratic method for 
Internet governance, as well as why it is in the United States’ best interest 
to relinquish some control over the Internet.
http://www.hamilton.edu/news/more_news/display.cfm?id=11338

U.N. summit revives concerns about Net control
A long-simmering dispute over whether the U.S. government has too much control 
over the Internet's underpinnings will heat up again next week at a United 
Nations summit in Greece.
http://news.zdnet.com/2100-9588_22-6130087.html
http://news.com.com/2100-1028_3-6130087.html

Should ICANN Become Autonomous? (AP)
An international dispute over U.S. control of the internet appears unlikely to 
be resolved even as state envoys, regulators and technology experts convene 
next week to discuss the network's future.
http://wired.com/news/wireservice/0,72017-0.html
http://www.smh.com.au/articles/2006/10/27/1161749267589.html
http://www.theage.com.au/articles/2006/10/27/1161749267589.html
http://iht.com/articles/ap/2006/10/26/europe/EU_GEN_Greece_UN_Internet_Governance.php

"Call to Bloggers" to stand up for freedom ahead of world meeting on future of 
Internet (news release)
Amnesty International today issued a ‘Call to Bloggers’, asking them to get 
online and stand up for freedom of expression on the internet. The organisation 
says this is a critical time when fundamental rights – particularly freedom of 
expression and privacy – are under threat from governments that want to control 
what their citizens say, and what information they can access.
http://web.amnesty.org/library/Index/ENGPOL300552006

The Road to Rio and Beyond: Results-based Management of the UN Internet 
Governance Forum
This paper (pdf) argues that the road to the 2007 meeting of the Internet 
Governance Forum in Rio de Janeiro and beyond must be paved with effective 
management practices. Results-based management principles employed elsewhere in 
reform of United Nations agency practices provide that base.
http://internetgovernance.org/pdf/roadtorio.pdf

Whose information society? Developing country and civil society voices in the 
World Summit on the Information Society by David Souter
This paper summarises a study of developing country and civil society 
participation and influence in WSIS that was commissioned by the Association 
for Progressive Communications. As well as analysing participation, the study 
looked at the impact of WSIS on international ICT decision-making in general 
and makes recommendations to all main actors about how future decision-making 
might become more inclusive of developing countries, nongovernmental actors and 
their concerns.
http://rights.apc.org/documents/wsis_EN.pdf

Everyone talks, but no-one listens
The net's great and the good are meeting in Athens, but Bill Thompson doubts 
that they will achieve much.
http://news.bbc.co.uk/2/hi/technology/6091282.stm

Google defiant over censorship in China
Google is to enter the political arena in earnest this week when it debates 
freedom of speech, intellectual property rights and how to connect Africa to 
the internet at a special UN conference.
http://observer.guardian.co.uk/world/story/0,,1934297,00.html

Reporters Without Borders will go to IGF venue in Athens to put free expression 
on agenda (news release)
Reporters Without Borders will be at the Internet Governance Forum in Athens to 
remind participants that free expression must be at the centre of any model of 
Internet governance, and to reiterate its positions on Internet neutrality and 
the need for Internet companies to behave ethically.
http://www.rsf.org/article.php3?id_article=19481

Council of Europe participation in UN Internet Governance Forum
The Council of Europe will participate in the UN facilitated Internet 
Governance Forum, to be held in Athens from 30 October to 2 November 2006. The 
IGF will focus on four main themes -openness, diversity, security and access of 
the Internet – which the Council of Europe will address in light of its core 
values pertaining to human rights, democracy and rule of law. For more on the 
CoE's participation in the IGF, see:
http://www.coe.int/t/e/human_rights/media/Links/Events/IGFAthens2006Homepage_en.asp

ICANN agreement paves way for DNS transition (news release)
ISOC welcomes the agreement announced between the United States Department of 
Commerce and ICANN. The agreement ensures continued stability of the Internet 
by setting the foundation for an orderly transition of the Domain Name System 
(DNS) to the private sector. It also demonstrates clear support for ICANN and 
the role it plays in coordinating those activities related to the Internet's 
system of unique identifiers.
http://www.isoc.org/isoc/media/releases/060929pr.shtml

If the Internet ain't broke, do not try to fix it
While the US wants to release the agency charged with managing the World Wide 
Web from federal oversight, the UN wants to bury it under layers of bureaucracy
http://www.taipeitimes.com/News/editorials/archives/2006/10/28/2003333762

Consensus Polling: ALAC Shows the Way
ICANN is about to make the jump from “merely excavating” to efficiently mining 
top-quality jewels. I say this because ICANN’s ALAC has reached unanimous 
consensus on their internal Self Review. As the New Zealand meeting drew to a 
close, a weary ALAC was ready to give up on creating a consensus Self Review. 
The familiar ICANN collaborative process of emailing Word attachments had 
“excavated” ALAC into the also familiar ICANN mire of “deeply divided over 
competing versions.” 
http://www.circleid.com/posts/alac_shows_the_way/

**********************
DOMAIN NAMES
**********************
Why it matters to master your domain
Let your registration lapse, and your site could suddenly be taken over by 
links to porn - and there's little you can do about it
http://technology.guardian.co.uk/weekly/story/0,,1930968,00.html

au: ENUM Day - Sydney, 15th November 2006
The Australian ENUM Day is a FREE event organised by the Australian 
Communications and Media Authority and the other participating parties in the 
Australian ENUM Trial to be held on 15 November in central Sydney. ACMA, the 
Industry Regulator, AusRegistry, AARNet and Instra share their knowledge about 
ENUM with you, and they will also demonstrate how you can use ENUM.
http://www.enumday.com.au

ca: Submission to ICANN regarding its consultation on the Development of 
Transparency and Accountability Management Operating Principles (news release)
CIRA supports ICANN's attempts to engage the community in defining 
accountability and transparency. Such definitions, if properly developed, will 
help ICANN to re-establish trust with its stakeholders and to meet the 
conditions set out in the recent Joint Project Agreement between the U.S. 
Department of Commerce and ICANN.
http://cira.ca/news-releases/190.html

ca: Dot-ca Internet registrations continue to climb (news release)
Dot-ca Internet domain name registrations continue to climb at a record pace. 
The 750,000th dot-ca registration was recorded this week by the Canadian 
Internet Registration Authority (CIRA), marking a 50% rise in the number of 
dot-ca registrations in under two years.
http://cira.ca/news-releases/191.html

uk: Appointment of assessors for UK ENUM bids (news release)
The organisation responsible for the appointment of the UK ENUM registry, plans 
to shortly issue the request for bids. UKEC is seeking independent assessors 
for a panel to examine the bids and make recommendations.  The assessors, who 
may receive a fee for their time, should have at least one of the expected 
skill sets: technical, financial, business or legal/governance.
http://www.nominet.org.uk/news/latest/?contentId=3324

ICANN: Clarification of Consultation Process for the Development of 
Transparency and Accountability Management Operating Principles (news release)
The consultation process posted on 16 October 2006 has a number of phases. The 
first part of the consultation process seeks responses to a series of questions 
that have already been posted. Responses are sought by October 31, 2006.
http://icann.org/announcements/announcement-27oct06.htm

Another round in the spam war
It might be assumed that alleged spammer e360 Insight LLC hadn’t bargained for 
such a public fracas when it decided to take on UK-based anti-spam organisation 
Spamhaus in what has turned into the infamous court case of the year. Pry 
further and it becomes clear that the stand-off between the two taps a deeper 
well of bitterness that has been building up for some time, and is primed for 
new trouble even now.
http://www.techworld.com/security/features/index.cfm?featureid=2908

VeriSign October Digital Branding Bulletin
Highlights from the editor are "Companies can now register Internationalized 
Domain Names for Hong Kong, and Chinese keywords. The schedule and deadlines 
for second-level Korean domain names has also been announced, with the first 
deadline approaching in January 2007. The .MOBI launch generated more than 
100,000 domain name registrations in the first few days. The rollout continues 
with the auction of Premium .MOBI domain names, some of which are expected to 
fetch thousands of dollars. In other news, a new study revealed that more than 
half of the Internet’s DNS servers are configured incorrectly, leaving them 
vulnerable to attacks, while recent reports from the National Arbitration Forum 
and the World Intellectual Property Organization showed a 25 percent increase 
in domain name disputes.
http://www.verisign.com/Resources/Digital_Brand_Management_Services_Resources/Digital_Branding_Bulletin/page_039521.html

VeriSign September Digital Branding Bulletin
Highlights from the editor are "The number of registered domain names passed 
the 100 million mark for the first time, with more than 105 million names 
registered. As the Internet’s global reach continues to grow, it’s not 
surprising to see increasing interest in speculation in the ccTLD market, which 
saw high-dollar sales for several names in the last month. In order to help 
companies better manage their growing portfolios of domain names, VeriSign 
introduced an enhanced version of the Digital Brand Manager which provides a 
new interface for analyzing gaps by country and region. In other news, phishing 
attacks hit an all-time high in July, and the U.S. government renewed ICANN’s 
contract through 2011."
http://www.verisign.com/Resources/Digital_Brand_Management_Services_Resources/Digital_Branding_Bulletin/page_039286.html

Domain names again become big business
More than 250 domain names were being auctioned through a Web company, Moniker 
Online Services, at the World Association of Domain Name Developers TRAFFIC 
conference in Florida yesterday.
http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1161985810071&call_pageid=970599119419

Domain Names and email addresses for 2008 Olympics mascot fetch high price on 
Taobao
The official mascots of the Beijing 2008 Olympic Games, previously named "The 
Five Friendlies", were renamed "Fuwa" on October 9 causing Fuwa-related email 
addresses and domains to go on sale at Taobao.com for high prices.
http://www.webhostdir.com/news/articles/shownews.asp?id=17783

Web domain Hell.com hath no takers
Hell.com failed to be bought via a live auction Friday, which organizers had 
hoped would bring bids of more than $1 million.
http://money.cnn.com/2006/10/27/technology/hell.com_domain

Who on earth would pay US$1million for hell? (Reuters)
No one was buying hell on Friday - or at least its red-hot Web address. 
HELL.com was among hundreds of internet domain names up for auction in 
Hollywood, Florida, by domain asset management provider Moniker.com, a unit of 
marketing services firm Seevast Corp.
http://www.smh.com.au/articles/2006/10/28/1161749343255.html
http://www.nzherald.co.nz/section/story.cfm?c_id=5&ObjectID=10408062
http://tvnz.co.nz/view/page/488120/873327

If at first a domain name does not succeed, bid, bid again
Come hell.com or hi.net water, more than 250 high-profile Internet domain names 
will be up for auction Friday at the third annual live auction held by domain 
name registrar and reseller Moniker.com.
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=web_site_management&articleId=9004480

Afilias Announces Launch of New IDN Scripts for .INFO Domain (news release)
Afilias announced it has released support for eight additional 
Internationalized Domain Name language scripts in the .INFO generic top-level 
domain. These eight additional scripts join the German (DE) script that 
launched in 2004. The new scripts include: Polish (PL), Swedish (SV), Danish 
(DA), Hungarian (HU), Icelandic (IS), Latvian (LV), Lithuanian (LT), and Korean 
(KO).
http://www.afilias.info/news/press_releases/pr_articles/2006-10-24-01

VoIP & IPV6 Set To Impact Asia Pacific Telecom Market
The Asia Pacific telecommunications market is seeing a dramatic change in the 
business landscape as players look for opportunities in new technologies like 
VoIP and IPV6.
http://www.bernama.com/bernama/v3/news_lite.php?id=226660

us: Mystery surrounding Web site parodying Alaska senator solved
The mystery behind an irreverent Web site about Alaska Sen. Ted Stevens has 
apparently been solved. The site is made to appear to be registered to Sen. 
Maria Cantwell, D-Wash., who has clashed with Stevens in the Senate. ... "Isn't 
it part of identity theft, if someone goes and takes my name and registers it 
as a domain name, and then uses it out in the world?" Stevens asked a 
government official.
http://www.thestate.com/mld/thestate/news/nation/15866910.htm
http://www.sanluisobispo.com/mld/sanluisobispo/news/nation/15866910.htm

us: Church's old Web domain converted into porn site
Hope Community Church is trying to spread the word about its new Web site and 
disavow its former domain name. Because of an error, a pornography company 
bought the church's old domain name unbeknownst to the church.
http://www.seacoastonline.com/news/10282006/nhnews-ph-dov-church.website.html
http://www.wcax.com/Global/story.asp?S=5602083&nav=4QcS

us: Internet tactic raises concern
In a possible first in Kansas politics, a candidate has bought Internet 
addresses, including his opponent’s name, and is using them to post negative 
information about her.
http://www.kansascity.com/mld/kansascity/news/local/15859197.htm

**********************
OTHER RESEARCH PAPERS
**********************
The importance of convergence in the ICT policy environment By Kate Wild
This paper looks at the meaning and importance of convergence and considers 
some of the challenges to implementing it, along with strategies for overcoming 
them. It also provides a global perspective on regulating convergence and 
broadband from ITU and then it looks at experiences in North America and Europe 
as well as regional and country approaches in Africa.
http://rights.apc.org/documents/convergence_EN.pdf 

The Federal Election Commission and Individual Internet Sites After Shays and 
Meehan v. FEC by Matthew Fagan
This paper looks at a recent spate of legislation, rulemaking and litigation 
that has thrown a shadown over the use of the internet by private individuals 
during political campaigns. The US Federal Electoral Commission is currently 
debating whether to regulate political commentary on the internet or maintain a 
hands-off approach. If Congress and the FEC choose to exempt the internet from 
regulation, bloggers and other commentators will continue their participation 
unfettered. But if the FEC promulgates any rule governing political speech 
online, no matter how unobtrusive, everyone who posts an opinion about an 
election on a website will have to first consider whether that speech falls 
within the FEC's rules, and second whether it complies with their regulations.
http://www.bu.edu/law/central/jd/organizations/journals/scitech/volume121/documents/Fagan_EIC_WEBformat.pdf

Costar v. Loopnet: Protection of the Internet at the Expense of Copyright 
Protection? by Wes Barger (Chicago-Kent Journal of Intellectual Property)
Under the Copyright Act, any infringement of a copyright, either intentional or 
otherwise, makes one liable to the copyright holder. However, courts were split 
on how to deal with this issue in regards to ISPs. Some courts favored a strict 
liability approach while others leaned towards finding no liability for purely 
passive actions that led to infringement. To remedy this split, Congress passed 
the Digital Millennium Copyright Act, (“DMCA”) which provided a safe haven for 
ISPs under particular circumstances. While the split over the approaches to 
liability was resolved, the general question of whether liability existed was 
not, and new questions arose; such as were the traditional infringement 
defenses rendered useless with the passing of the DMCA and would active steps 
to prevent infringement actually increase an ISP’s exposure to copyright 
liability? This note discusses the Fourth Circuit’s answers to these questions, 
in CoStar Group, Inc. v. LoopNet, Inc., and forecasts how the CoStar decision 
will be applied to future decisions.
http://jip.kentlaw.edu/art/volume%206/6%20Chi-Kent%20J%20Intell%20Prop%201.doc

Update to "Do Internet Stings Directed at Pedophiles Capture Offenders or 
Create Offenders? And Allied Questions" by JOSEPH S. FULDA (Sexuality & Culture)
http://papers.ssrn.com/abstract=936792

Capital punishment and virtual protest: A case study of Singapore by Yasmin 
Ibrahim (First Monday)
Abstract: This paper analyses how the online community in Singapore protested 
against the hanging of a Vietnamese drug trafficker in December 2005. Singapore 
has upheld capital punishment in the island state despite pressure from local 
and global civil society organisations and diplomatic channels. This paper 
traces how the online medium was used by the public to protest against capital 
punishment in the quasi–authoritarian state. The virtual community protested 
against the hanging by maintaining a rigorous discursive protest on the 
Internet. These sustained discourses became enmeshed with those of the offline 
media in Singapore. This confluence of the online and offline media discourses 
is important in building a two–tier public sphere in Singapore. The first–tier 
public sphere is one dominated by the government-controlled media and the 
ruling party while the second–tier public sphere is a space where civil society 
organisations and social movements express viewpoints marginalised in the 
offline society. The confluence of these two tiers has a material significance 
for the political landscape of Singapore. This paper explores this phenomenon 
through the case study of online protests against capital punishment in 
Singapore.
http://firstmonday.org/issues/issue11_10/ibrahim/index.html

A History of Online Gatekeeping by Jonathan Zittrain (Harvard Journal of Law & 
Technology)
The bulk of this Article puts together the pieces of that history most relevant 
to an understanding of the law’s historical forbearance, describing a 
trajectory of gatekeeping beginning with defamation and continuing to copyright 
infringement, including shifts in technology toward peer-topeer networks, that 
has so far failed to provoke a significant regulatory intrusion. I argue that 
the U.S. Supreme Court’s Grokster decision upholds this tradition of 
light-touch regulation that has allowed the Internet to thrive. The decision 
thus is not a landmark so much as a milestone, ratifying a continuing détente 
between those who build on the Internet and those in a position to regulate the 
builders.
http://jolt.law.harvard.edu/articles/pdf/v19/19HarvJLTech253.pdf

Treason, Technology, and Freedom of Expression by TOM W. BELL (Chapman 
University School of Law/Arizona State Law Journal)
This paper details the scope of the law of treasonous expression, explains why 
technology threatens to bring that law into conflict with the First Amendment, 
and suggests a way to safely separate the power to punish treason from our 
freedoms of expression.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=936889

ICT Use in the Developing World: An Analysis of Differences in Computer and 
Internet Penetration by MENZIE DAVID CHINN University of Wisconsin and ROBERT 
W. FAIRLIE University of California (NET Institute Working Paper)
Abstract: Computer and Internet use, especially in developing countries, has 
expanded rapidly in recent years. Even in light of this expansion in technology 
adoption rates, penetration rates differ markedly between developed and 
developing countries and across developing countries. To identify the 
determinants of cross-country disparities in personal computer and Internet 
penetration, both currently and over time, we examine panel data for 161 
countries over the 1999-2004 period. We explore the role of a comprehensive set 
of economic, demographic, infrastructure, institutional and financial factors 
in contributing to the global digital divide. We find evidence indicating that 
income, human capital, the youth dependency ratio, telephone density, legal 
quality and banking sector development are associated with technology 
penetration rates. Overall, the factors associated with computer and Internet 
penetration do not differ substantially between developed and developing 
countries. Estimates from Blinder-Oaxaca decompositions reveal that the main 
factors responsible for low rates of technology penetration rates in developing 
countries are disparities in income, telephone density, legal quality and human 
capital. In terms of dynamics, our results indicate fairly rapid reversion to 
long run equilibrium for Internet use, and somewhat slower reversion for 
computer use, particularly in developed economies. Financial development, 
either measured as bank lending or the value of stocks traded, is also 
important to the growth rate of Internet use.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=936474

Principles of Internet Privacy by FRED H. CATE Indiana University School of Law 
(Bloomington Connecticut Law Review/Indiana Legal Studies Research Paper)
This article identifies principles that should undergird the government's 
efforts to protect privacy and craft privacy norms, and then contrast the 
application of those principles in particular settings identified by Professor 
Paul Schwartz in his article Internet Privacy and the State.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=933087

The Copyright Web: Networks, Law and the Internet by ANDRES GUADAMUZ University 
of Edinburgh - School of Law (NEW DIRECTIONS IN COPYRIGHT LAW)
Abstract: This paper explores the possible implication of these theories to 
copyright law. The study of the architecture of networks has opened new avenues 
of research about the way in which scale-free topologies present in the Web may 
provide new strategies for copyright enforcement. Similarly, a better 
understanding of how websites link to one another could provide better tools to 
allocate liability and to distribute royalties in a more efficient manner. The 
paper asks the following questions. How should we regulate networks if we can 
find certain deterministic characteristics to them? Is enforcement of 
infringing behaviour easier to regulate because we understand the technology 
better?
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=939753

Bigger Phish To Fry: California's Anti-Phishing Statute And Its Potential 
Imposition Of Secondary Liability On Internet Service Provider by Camille Calman
This paper explores whether California’s statute will lead to imposition of 
secondary liability for phishing, and whether this would have the effect of 
decreasing phishing. Part I explains how phishers operate and why criminal law 
has been largely ineffective in deterring phishers. Part II studies the 
California anti-phishing statute and its legislative history, as well as 
judicial precedents that suggest secondary liability may be available in 
California. Finally, part III discusses whether imposing secondary liability on 
ISPs is likely to be a practical tool in the war against phishing.
http://law.richmond.edu/jolt/v13i1/article2.pdf

*******************
OTHER INTERNET NEWS
*******************
uk: The Sunday Times Leading article: A curb on free speech
It is reassuring to learn that Richard Thomas, the information commissioner, is 
fighting on the side of the angels against the “surveillance society”. These 
are the state agencies that hold a growing body of personal and possibly 
inaccurate information on even the most inoffensive members of the public. It 
is comforting, too, to hear him lambast the high street banks, as he did in an 
interview yesterday, for leaving their customers’ financial records in bin bags 
on the pavement, vulnerable to identity thieves. One can but applaud his horror 
that a father was on police records as a suspected paedophile for five years 
after a dinner lady overheard his daughter say, “My dad bonked me last night”, 
when she meant that he had tapped her on the head with an inflatable hammer.
http://www.timesonline.co.uk/newspaper/0,,176-2426869,00.html

Free speech online 'under threat'
Bloggers are being asked to show their support for freedom of expression by 
Amnesty International.
http://newsvote.bbc.co.uk/2/hi/technology/6090448.stm
http://www.theregister.co.uk/2006/10/26/amnesty_internet_campaign/

Amnesty calls for action on internet freedom
Amnesty International is calling on the bloggers of the world to unite to 
defend the freedoms of their brother bloggers in countries such as China, Iran, 
and Tunisia.
http://www.theregister.co.uk/2006/10/26/amnesty_internet_campaign/
http://news.independent.co.uk/world/science_technology/article1932723.ece

Reporters without borders urges internet users to join in 24-hour online demo 
against internet censorship (news release)
No one should ever be prevented from posting news online or writing a blog, but 
they are in the 13 countries singled out by Reporters Without Borders for a 
24-hour online protest against Internet censorship.
http://www.rsf.org/article.php3?id_article=19459

Google defiant over censorship in China
Google is to enter the political arena in earnest this week when it debates 
freedom of speech, intellectual property rights and how to connect Africa to 
the internet at a special UN conference.
http://observer.guardian.co.uk/world/story/0,,1934297,00.html

Is Google legal?
A Belgian court ruled against Google’s use of newspaper stories in early 
September. If you believe Google, it did nothing wrong and failed to defend 
itself because it was unaware of the publishers’ lawsuit. If you believe the 
publishers, Google is lying and infringes copyright on a colossal scale. The 
parties return to court on 23rd November in a case that finds legal uncertainty 
looming over the world’s leading search engines.
http://out-law.com/page-7427

us: Judge mulls if site demoted by Google was defamed (Reuters)
A federal judge on Friday questioned whether Google defamed a small company by 
cutting it from its Web search ranking system or whether Google is free to 
choose which sites it features.
http://www.washingtonpost.com/wp-dyn/content/article/2006/10/27/AR2006102701497.html

Child Pornography Link To Abuse Of Children Unclear, Forensic Psychiatrist Says
If someone downloads child pornography onto their computer, is that an 
indication they're a pedophile, or might become one in the future? That 
question is gaining the attention of forensic psychiatrists as never before, 
thanks to recent legislation making possession of Internet child pornography a 
federal crime constituting an unlawful transmission of information across state 
lines.
http://www.sciencedaily.com/releases/2006/10/061027153001.htm
http://www.eurekalert.org/pub_releases/2006-10/uocd-cpl102706.php

OECD Policy Brief: Protecting Consumers from Cyberfraud      
E-mail and online shopping and banking have become a fact of life.  How does 
cyberfraud impact the digital economy and what can governments do to protect 
e-commerce and use of the Net?
http://www.oecd.org/dataoecd/4/9/37577658.pdf

OECD Cross-border Enforcement of Privacy Laws      
The OECD has undertaken an examination of challenges posed by cross-border 
aspects of privacy law enforcement. As a first step, a Report on the 
Cross-border Enforcement of Privacy Laws has been released. It examines the law 
enforcement authorities and mechanisms that have been established with a 
particular focus on how they operate in the cross-border context. It describes 
existing arrangements to address the challenges and identifies a number of 
issues that require further consideration.
http://www.oecd.org/document/25/0,2340,en_2649_37441_37571993_1_1_1_37441,00.html

au: Google 'harbouring racists'
Racist blogs targeting minority groups in Australia are springing up on the 
web, but Google's Blogger, the service some are hosted on, refuses to take them 
offline, says an anti racism lobby group.
http://www.smh.com.au/articles/2006/10/25/1161749182901.html

nz: Google accused of harbouring NZ racists
Racist blogs targeting minority groups in New Zealand and Australia are 
springing up on the web, but Google's Blogger, the service some are hosted on, 
refuses to take them offline, says an anti-racism lobby group.
http://stuff.co.nz/stuff/0,2106,3840797a28,00.html

au: Police warn Werribee DVD will be treated as child pornography
In Melbourne, police have been questioning a number of young men over an 
alleged assault on a teenage girl, which was filmed and then sold on DVD. The 
DVD reportedly shows the girl's hair being set on fire after she'd been 
allegedly sexually assaulted and urinated on.
http://www.abc.net.au/pm/content/2006/s1775589.htm

nz: Internet users told to up security
Home internet users are being advised to increase the security of their 
computers, which can now be infected faster than ever before.
http://tvnz.co.nz/view/page/411419/871082

nz: YouTube a new battle for schools
Students from some of our top colleges have posted horrific videos of school 
yard violence and bullying on the internet.
http://tvnz.co.nz/view/page/411366/872738

NZ schoolkids put fights on website
New Zealand school students are posting video clips of their peers fighting and 
beating others on the YouTube internet site.
http://stuff.co.nz/stuff/0,2106,3841512a11275,00.html
http://www.nzherald.co.nz/section/story.cfm?c_id=1&objectid=10407859

U.K. pushes global rules on gambling
The British government plans next week to seek international support for 
legalized, regulated online gambling, emphasizing a trans-Atlantic difference 
on the issue after the Bush administration's recent move to outlaw transactions 
with Internet gambling services.
http://iht.com/articles/2006/10/27/business/gamble.php

uk: US gambling law flawed - Jowell
The US crackdown on online gambling is a "new prohibition", which is likely to 
fuel a rise in fraud and exploitation, the UK culture secretary has said.
http://news.bbc.co.uk/2/hi/uk_news/politics/6090358.stm

au: $5.5m fine puts spammers on notice
THE landmark conviction of a Perth business seminar promoter and his company 
for sending 280 million unsolicited emails will do little to reduce the amount 
of spam Australians receive daily.
http://theaustralian.news.com.au/index/0,,2702,00.html
http://www.theregister.co.uk/2006/10/27/oz_spam_fine/

au: ACMA welcomes Federal Court spam decision (news release)
http://www.acma.gov.au/ACMAINTER.852114:STANDARD::pc=PC_100888

au: ACMA extends Zombie catching service to more ISPs
The Australian Communications and Media Authority is to extend to additional 
ISPs a trial service that detects zombie infected PCs connected to the Internet 
and alerts their owners.
http://www.itwire.com.au/content/view/6636/127/

au: ACMA and ISPs combine to fight ‘zombies’ and improve internet e-security 
(news release)
The Australian Communications and Media Authority is further stepping up the 
fight in combating spam by extending the rollout of its Australian internet 
security initiative, following completion of a successful trial.
http://www.acma.gov.au/ACMAINTER.852114:STANDARD::pc=PC_100882

cn: China looking to stop Internet addiction (AP)
China's government wants to develop technology to stop children from becoming 
addicted to the Internet. Chinese officials encourage Internet use for 
education and business but express growing worry about its effect on children 
and the possibility that it could be addictive.
http://www.siliconvalley.com/mld/siliconvalley/business/technology/15868512.htm
http://hosted.ap.org/dynamic/stories/C/CHINA_INTERNET_CHILDREN

China to develop technology to check Internet addiction
China is considering a law to encourage the research and development of 
technology to stop minors from becoming Internet addicts.
http://www.hindustantimes.com/news/181_1830834,00040006.htm

Britain has 1m internet gamblers
BRITAIN has become a nation of online gamblers, with 1m regular users logging 
on to betting websites and spending at least £1,000 a year each.
http://www.timesonline.co.uk/newspaper/0,,176-2426771,00.html

uk: Digital divide could be deepening
The number of people in the UK who have no intention of getting internet access 
has risen, research firm Point Topic has found.
http://news.bbc.co.uk/2/hi/technology/6085412.stm

da: AllofMP3 hit by Danish court ruling
Much reviled Russian music site allofmp3.com has been hit by a Danish court 
ruling which forces internet service provider Tele2 to block access to the site.
http://www.theregister.co.uk/2006/10/26/itnueski_banned/

da: Court orders ISP to block music website (AP)
A court in Denmark has ordered Swedish telecom operator Tele2 AB to block its 
Internet service subscribers from connecting to a Russian website accused by 
recording companies of selling their music illegally.
http://www.usatoday.com/tech/products/services/2006-10-27-web-music-isp_x.htm

us: BitTorrent man jailed for five months
A US man has been jailed for five months and sentenced to a further five months 
of home detention for his role as a leading participant in the BitTorrent 
tracker site Elitetorrents.
http://www.theregister.co.uk/2006/10/27/bittorrent_sentencing/
http://www.theglobeandmail.com/servlet/story/RTGAM.20061027.gtpiracy30/BNStory/Technology/home

Riding the Waves of "Web 2.0"
“Web 2.0” has become a catch-all buzzword; the Pew Internet Project and Hitwise 
provide data to put it in perspective.
http://www.pewinternet.org/PPF/r/189/report_display.asp

Small is beautiful for the net giants
'Web 2.0' highlights how the online world is changing: amateurs come up with 
the ideas, then the big boys open their wallets: What exactly is the difference 
between Web 1.0 and Web 2.0? In essence, Web 1.0 was all about creating simple 
but effective internet versions of real-world businesses where selling could 
happen on the web, whereas Web 2.0 really uses the internet as a completely new 
way to market to people; 'selling' has shifted to 'buying' because the user is 
in control. He or she broadcasts his or her profile, tendencies and preferences 
in a way that is picked up by Web 2.0 technology infrastructure and marketing 
tools.
http://observer.guardian.co.uk/business/story/0,,1934021,00.html

+++++++++++++++++++++++++++++++

Sources include Quicklinks <http://qlinks.net/> and BNA Internet Law News 
<http://www.bna.com/ilaw/>.

+++++++++++++++++++++++++++++++

(c) David Goldstein 2006
 
--------- 
David Goldstein
 address: 4/3 Abbott Street
           COOGEE NSW 2034
           AUSTRALIA
 email: Goldstein_David @yahoo.com.au
 phone: +61 418 228 605 (mobile); +61 2 9665 5773 (home)
 
"Every time you use fossil fuels, you're adding to the problem. Every time you 
forgo fossil fuels, you're being part of the solution" - Dr Tim Flannery




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