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Of ICANN and the Registerfly meltdown: What needs to be done
http://www.theregister.co.uk/2007/03/03/icann_registerfly_domain/

Stiffening at last, ICANN threatens Registerfly with legal action
http://www.theregister.co.uk/2007/03/04/icann_sues_registerfly/

RegisterFly Update
http://icann.org/announcements/announcement-02mar07.htm

British porn domain mastermind fights US Government
http://www.theregister.co.uk/2007/03/02/lawley_vs_us_government/

Motorola loses Razr domain name case
http://www.theregister.co.uk/2007/03/02/motorola_loses_razr_domain_case/

An Update on GoDaddy Whois Issue and Other Registrars’ Responses
http://domainnamewire.com/2007/03/02/an-update-on-godaddy-whois-issue-and-other-registrars-responses/

***************
RESEARCH PAPERS
***************
A packet filter placement problem with application to defense against spoofed 
denial of service attacks by Benjamin Armbruster, J. Cole Smith, and Kihong Park
Abstract: This paper analyses a problem in computer network security, wherein 
packet filters are deployed to defend a network against spoofed denial of 
service attacks. Information on the Internet is transmitted by the exchange of 
IP packets, which must declare their origin and destination addresses. A 
route-based packet filter verifies whether the purported origin of a packet is 
correct with respect to the current route map. We examine the optimization 
problem of finding a minimum cardinality set of nodes to filter in the network 
such that no spoofed packet can reach its destination. We prove that this 
problem is NP-hard, and derive properties that explicitly relate the filter 
placement problem to the vertex cover problem. The paper identifies topologies 
and routing policies for which a polynomial-time solution to the minimum filter 
placement problem exists, and prove that under certain routing conditions a 
greedy heuristic for the filter placement problem yields an optimal solution.
http://www.cs.purdue.edu/nsl/sdarticle.pdf

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DOMAIN NAMES
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Of ICANN and the Registerfly meltdown: What needs to be done
Comment: The scorn heaped upon ICANN recently for its laissez faire attitude 
toward customer allegations of fraud by its accredited registrar Registerfly - 
a scandal in which ICANN spent the better part of a year repeatedly referring 
customers back to Registerfly, even in the face of overwhelming evidence of 
misconduct - has forced ICANN to acknowledge that it is a responsible for 
holding its accredited registrars to certain ethical standards. Well, it's a 
start.
http://www.theregister.co.uk/2007/03/03/icann_registerfly_domain/

Stiffening at last, ICANN threatens Registerfly with legal action
ICANN has finally firmed up in its battle with troublesome domain registrar 
Registerfly and looks ready to battle the company in court. In a letter from 
its powerhouse attorneys at Jones Day, ICANN accuses Registerfly of willfully 
refusing to comply with an accreditation audit as mandated in its Registrar 
Accreditation Agreement (RAA).
http://www.theregister.co.uk/2007/03/04/icann_sues_registerfly/

RegisterFly Update
ICANN has provided an update on the ongoing issue with RegisterFly, noting 
issues such as Notice of Breach of its Registrar Accreditation Agreement; ICANN 
sent two employees to RegisterFly offices in New Jersey to audit them and 
obtain the registrant information to which RegisterFly has not complied; and 
ICANN has provided notice that it will file a suit against RegisterFly in the 
United States District Court for the Central District of California seeking a 
temporary restraining order (TRO) requiring RegisterFly to turn over the data 
requested and to compel an emergency audit of its books and records.
http://icann.org/announcements/announcement-02mar07.htm

British porn domain mastermind fights US Government
The British man behind the proposed .xxx internet domain believes the US 
Government has intervened to thwart his plans. Stuart Lawley is fighting a 
court battle to retrieve the documents he says would prove his case.
http://www.theregister.co.uk/2007/03/02/lawley_vs_us_government/
http://out-law.com/page-7824

Motorola loses Razr domain name case
Motorola has lost a battle to gain control of the domain name motorazr.com 
because it failed to prove when it started using the term Moto Razr. The domain 
name will be kept by its US owner R3 Media.
http://www.theregister.co.uk/2007/03/02/motorola_loses_razr_domain_case/
http://out-law.com/page-7818

An Update on GoDaddy Whois Issue and Other Registrars’ Responses
GoDaddy will not return domain; other registrars say what they would do in the 
same situation. It’s been just a few days since Domain Name Wire broke the 
story about GoDaddy deleting a domain registration due to an invalid e-mail 
address in whois. GoDaddy responded to the article but few people seem 
satisfied.
http://domainnamewire.com/2007/03/02/an-update-on-godaddy-whois-issue-and-other-registrars-responses/

When luxury companies play the name game
What is in a name? Everything. Yet today it has become increasingly difficult 
to find a name for a company, a product, even a new shade of lipstick that has 
not been taken already. ... As for the Internet, the growth of trademarked 
domains — Web addresses or Web sites — is exponential, said Delphine Parlier, a 
co-founder and partner in Quensis, a Paris-based company with its own 
technology that integrates the creative process of choosing a name at the same 
time as it does the legal, cultural and linguistic screening that is necessary 
now.
http://iht.com/articles/2007/03/01/news/rbrand.php

nz: Third time lucky for '.bank.nz'?
After being rebuffed twice by the Internet community, the Bankers' Association 
is trying for the third time to create a place in cyberspace specifically for 
New Zealand banks, ".bank.nz" – a move which it says could make it safer to 
bank online.
http://stuff.co.nz/stuff/3982469a28.html

Public survey on the access and publication of the AFNIC database (news release)
The AFNIC wishes to update and formalise its data access and publication policy 
by supervising juridically, when necessary, the data utilization by third 
parties. It seems important for the AFNIC to associate to its reflection a 
large range of users and experts that can express different needs and enrich 
the service brought to the Internet community.
http://www.afnic.fr/actu/nouvelles/general/NN20070227

The AFNIC reacts to the publication of a decree on domain names (news release)
A decree on domain names has been published in the French Official Journal (JO) 
on February 08th 2007. The AFNIC would like to draw the attention of all of the 
stakeholders, in particular registrars, users and legal claimants on this new 
legal element for naming in France.
http://www.afnic.fr/actu/nouvelles/general/CP20070208

Proposed .MUSEUM sTLD Registry Agreement Posted for Public Comment
The proposed .MUSEUM sTLD registry agreement is posted for public comment. The 
proposed .MUSEUM registry agreement substantially follows the format of other 
recent sTLD registry agreements negotiated by ICANN. The agreement is for a 
ten-year term.
http://icann.org/announcements/announcement-2-02mar07.htm

Vint Cerf: Father Knows Best
He's probably one of the only people at Google who can remember the Arpanet or 
what the Internet was like before the Web. And there's one thing few people 
know about Internet legend Vinton Cerf, who co-designed the TCP/IP stack that 
was used to build the Internet infrastructure: His secret wish is to be an 
actor. ... His move from MCI to the post of chief Internet evangelist at Google 
in late 2005 led him to a part of the Net he hadn't focused on before: the 
applications. "Having spent a good portion of my career on the infrastructure 
of the Internet, it’s fun to work on new ways to use it."
http://www.darkreading.com/document.asp?doc_id=118596

au: Reseller forced to shut down Asus site
Notebook reseller PC Market has taken down its www.asusnotebook.com.au site 
because of a request by notebook vendor AsusTek to shut down the site after 
director Meng Wei Koh was instructed – or “face all stops on rebates and demo 
products”.
http://www.crn.com.au/story.aspx?CIID=74625

DNS BE working with Hypothèse asbl to inform French-language schools about 
using the Internet (news release)
The Liège-based not-for-profit association Hypothèse is launching the 
www.crackduweb.be website in conjunction with DNS BE. DNS BE has worked 
alongside Hypothèse to create a tool that tells French-language schools about 
using domain names and the Internet in general. Hypothèse, which is running the 
project, encourages teachers and their pupils at French-speaking schools to 
register at the website and become Web Wizards. The new web tool enables 
students aged 10 to 12 at schools registered in the programme to learn about 
the Internet and gradually become familiar with the essential elements needed 
for building a website.
http://www.dns.be/pdf/Pressrelease_en_200702.pdf

.IN Domain Name Dispute Resolution Policy Under Scrutiny (reg req'd)
Domain Names identify Internet sites. They are the text name of a numeric IP 
address of a computer on the Internet. The increased popularity of the Internet 
has demanded an Internet presence and every company/organization wants to have 
a webpage in their name. This development has lead well-known 
companies/organizations to become protective of their domain names, as everyone 
has realized that having a domain name identical or similar to them can 
establish and increase their Internet presence.
http://www.mondaq.com/news.asp?e=1&a=46454

ke: Internet Safety Lessons From Raila-Kalonzo Web Saga
Unless the truth of what really happened to the websites of ODM's presidential 
aspirants Kalonzo Musyoka and Raila Odinga is plainly told, a number of people 
may fear using the Internet. They might believe it is unsafe and may never put 
their money and time in the technology. ... Occasionally, Cyber Squatters 
register domain names with the intention of making money. Around 2001, another 
joker registered www.rais.go .ke with the hope of cajoling government officials 
to part with cash in the name of redeeming their brand name. He got nowhere 
with his schemes and the government has since got smarter. You cannot now 
register a .go.ke domain without the approval of the Government of Kenya.
http://allafrica.com/stories/200703030052.html

The State of the Industry January 2007: 15 Domain Experts Ponder What Happened 
in 2006 and Predict What’s Coming Next
Every January Domain News Journal kicks off the New Year with a survey of 
domain industry leaders who are perfectly positioned to identify the most 
important events and trends of the past year and to forecast what we are likely 
to see in the year ahead. If you don’t put much stock in predictions, you might 
want to revisit our January 2005 and January 2006 State of the Industry reports 
to see just how remarkably accurate our panel of experts have been.
http://dnjournal.com/cover/2007/january.htm

Does it matter if Google can't have Gmail.cn?
A few days ago Reuters published an article about Google's attempts to buy the 
Gmail.cn domain from a Chinese company. It seems that Google has been 
frustrated in its attempts to get its hands on the domain, which was first 
registered back in 2003, before Google announced Gmail, by a Chinese domain 
registrar called ISM Technologies. Naturally enough, ISM runs a webmail service 
on the domain. They even use a multicolored logo that, while not a direct 
ripoff of the Gmail logo, is certainly suggestive. But this isn't a new story.
http://asia.cnet.com/reviews/blog/littleredblog/0,39056119,61993636,00.htm

Who's Your Go Daddy?
With shrewd marketing and in-your-face tactics, Bob Parsons made his company 
the hottest thing in the Internet domain world. Now he's about to see how his 
act plays on a much grander stage.
http://money.cnn.com/magazines/business2/business2_archive/2006/12/01/8394968

Update on IPv6 Host Mobility By Wolfgang Fritsche and Gerardo Giaretta
As mobile communications become a more integral part of our daily lives, so are 
they capturing the attention of the IETF, which has seen an increase in the 
number of IETF working groups dealing with mobility issues. This review 
provides an update on the work being done in the area of IPv6 host mobility as 
discussed last November at IETF 67.
http://www.isoc.org/tools/blogs/ietfjournal/?p=115

Coca-Cola contracts NetNames to protect online initiatives
Coca-Cola Enterprises, the company responsible for the manufacture and 
distribution of Coca-Cola products in the UK, has selected NetNames, the 
London-based domain name management specialist, to protect its trade services 
and initiatives online.
http://www.dmeurope.com/default.asp?ArticleID=22543
http://hostsearch.com/news/netnames_news_5656.asp

us: 29 powerful law-related domain names, including names for tax, bankruptcy, 
personal injury, and other legal fields, have been posted for sale.
A provider of books, web resources and seminars for lawyers has recently posted 
a number of rare and valuable URLs related to the legal industry for sale.
http://www.pr-inside.com/powerful-law-related-domain-names-including-r58780.htm

us: Galligan domain names taken in Jeffersonville mayoral campaign
Three Internet domain names that could be appropriate for Jeffersonville 
mayoral candidate Tom Galligan have been tied up by the city’s information 
technology director, who is helping with the re-election campaign of Mayor Rob 
Waiz.
http://news-tribune.net/clarkcounty/local_story_061125342.html

Creating a special web address for mobile phone customers (sub req'd)
The mission of dot mobi, backed by a consortium of the world's leading mobile 
operators, is to establish its internet domain as the address of choice for 
businesses to locate their mobile websites
http://www.ireland.com/newspaper/finance/2007/0302/1172185341689.html

The domain halflife.com is exposed on sale for one million dollars
Company Rowanlea Grove has exposed the domain halflife.com on sale for one 
million dollars. The information on sale of the domain has appeared on a site 
rather recently (according to whois-inquiry, the information on the domain has 
been updated 20.02.2007).
http://it.moldova.org/stiri/eng/33998/

Network Solutions announces ownership change (news release)
Network Solutions announced that General Atlantic, a leading global private 
equity firm, has entered into a definitive agreement to acquire Network 
Solutions from Najafi Companies (formerly Pivotal Private Equity). Champ 
Mitchell, chairman and CEO of Network Solutions, and the current Network 
Solutions management team will continue to lead the company.  Terms of the 
transaction were not disclosed.
http://onlinepressroom.net/networksolutions/

Sell your Domain Names without paying a commission (news release)
Excellent opportunity to sell all your Domain Names at cDomains.com without the 
need to use a broker and pay him the usual 10% or 15% commission.
http://24-7pressrelease.com/view_press_release.php?rID=25145

World's Longest Domain Name Just Got Longer (news release)
Internet domain world has become playground for corporations, speculators, 
investors and individuals called domainers. Their target is to get their hands 
to as many good, short, memorable and close to generic word top level domains 
(TLD’s) as possible - with a good price we might add.
http://addpr.com/articles/web_sites_and_internet/15794.html

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OTHER RESEARCH PAPERS
**********************
Mobile Commerce – consumer issues and policy challenges for a promising market 
(OECD)
Mobile commerce is a promising market both for consumers and businesses. 
However, consumer troubles and complaints are increasing and can sometimes 
become serious, including issues for minors. Member countries’ experiences show 
that we should ensure that consumers benefit. In particular, countries may 
review their instruments with regard to a more effective scheme for information 
disclosure, liability protection over SIM and RFID cards, effective notice to 
excessive consumption, and the importance of consumer education. Businesses may 
also consider more effective consumer protection schemes.
http://www.oecd.org/dataoecd/22/52/38077227.pdf

The 'agreement' that sparked a storm
At a recent legal presentation attended by prominent intellectual property 
lawyers and law professors, a loaded question was posed to the audience: "By a 
show of hands — and be honest, now — how many of you read the terms and 
conditions presented in an end-user license agreement?" Of the nearly 100 
people in the auditorium, not a single hand was raised. Shocking? Only if such 
an admission is unexpected. It really isn't.
http://www.abanet.org/buslaw/blt/2007-01-02/kahana.shtml

The Net Neutrality Debate: Twenty Five Years After United States v. AT&T and 
120 Years After the Act to Regulate Commerce by BRUCE OWEN (Stanford Law and 
Economics Oline Working Paper)
Abstract: Net neutrality policies could only be implemented through detailed 
price regulation, an approach that has often failed, in the past, to improve 
consumer welfare relative to what might have been expected under an unregulated 
monopoly. Regulatory agencies often settle into a well-established pattern of 
subservience to politically influential economic interests. Consumers, would-be 
entrants and innovators are not likely to be among these influential groups. 
History thus counsels against adoption of most versions of net neutrality, at 
least in the absence of refractory monopoly power and strong evidence of 
anticompetitive behavior - extreme cases justifying dangerous, long shot 
remedies.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=963623

Helping Hands: Design for Member-Maintained Online Communities
This thesis studies the design of member-maintained online communities, systems 
where many members help perform upkeep. A key design challenge is motivating 
members to contribute toward maintenance. Social science theories help to 
explain why people contribute to groups. We use these theories to design two 
general mechanisms for increasing people’s motivation to contribute.
http://www-users.cs.umn.edu/~cosley/thesis/final.pdf

Where Antitrust Ends and IP Begins by Katarzyna A. Czapracka (Yale Journal of 
Law and Technology)
U.S. antitrust enforcers see little scope for antitrust policy to mitigate the 
consequences of imperfect IP policies. They are reluctant to intervene in what 
is perceived to be the sphere of IP policy and take the view that any 
competitive concerns are better remedied by changes in the IP policy. This 
trend corresponds with shielding antitrust policy away from fields occupied by 
other forms of regulation. Exactly the opposite tendencies are present in EU 
competition law. Both the European Commission and the ECJ seem to see a role 
for competition law to correct improvidently defined IPRs, even if it entails 
adjusting competition principles. It may seem reasonable, as unlike competition 
policy, most issues relating to IP policy within the European Union are still 
decided at the national level. Yet, there is an inherent danger in this 
approach. It may lead antitrust authorities to adopt analytically questionable 
approaches that undermine the coherence of antitrust law. Competition agencies 
must be particularly cautious in adopting the measures to curb IP laws, as they 
may discourage private R&D investment. The views of the Commission on 
application of Article 82 to interoperability information, as expressed in the 
Microsoft Decision and the Article 82 Paper, confirm that these reservations 
are valid.
http://research.yale.edu/lawmeme/yjolt/files/20062007Issue/fall06-czapracka.pdf

The Race
Robert Kuttner learns that newspapers have a bright future as print-digital 
hybrids after all-- but they'd better hurry.
http://cjr.org/issues/2007/2/Kuttner.asp

Does information beget information? by Dennis S. Karjala (Duke L. & Tech. Rev)
Using the language of mathematics, Professor Polk Wagner has recently argued 
that the impossibility of fully appropriating the value of information in a 
rightsholder leads to the surprising conclusion that expanding the degree of 
control of intellectual property rights will, in the long run, increase the sum 
total of information not subject to ownership claims and therefore available as 
part of the cultural and technological base on which new growth and development 
can occur. Indeed, he claims that open information will grow according to the 
formula for compound interest, where the interest rate is 100% plus or minus a 
factor z supposedly related to creation incentives. This article demonstrates 
that Professor Wagner's mathematical analysis is simply wrong and does not lead 
to any of the conclusions he reaches concerning the growth of open information. 
It also shows both the difficulties and the dangers of the lay use of the 
language of mathematics in resolving complex social problems even if one does 
the math correctly.
http://www.law.duke.edu/journals/dltr/articles/2007dltr0001.html

Internet 3.0: Identifying Problems and Solutions to the Network Neutrality 
Debate by ROB FRIEDEN (Pennsylvania State University)
This paper examines the network neutrality debate with an eye toward refuting 
and dismissing the many false and misleading claims and concentrating on the 
real problems occasioned by the Internet's third evolution. The paper accepts 
as necessary and proper many types of price and quality of service 
discrimination. However the paper identifies other types of hidden and harmful 
discrimination. The paper concludes with an identification of best practices in 
“good” discrimination that should satisfy most network neutrality goals without 
creating disincentives that might dissuade ISPs from building the 
infrastructure needed for Internet 3.0 services.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962181

The Internet and the Project of Communications Law by SUSAN P. CRAWFORD 
(Cardozo Law School)
Abstract: The internet offers the potential for economic growth stemming from 
online human communications, but recent industry and government actions have 
disfavored these possibilities by treating the internet like a content-delivery 
supply chain. I recommend that the internet be at the center of communications 
policy and that laws affecting internet access be evaluated in terms of whether 
they further U.S. economic growth by facilitating increased emergent online 
diversity. The article criticizes the nearly exclusive focus of communications 
policy on the private economic success of infrastructure and “application” 
providers, and suggests that communications policy be focused on facilitating 
communications themselves.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962594

Internet Think by SUSAN P. CRAWFORD (Journal on Telecommunications and High 
Technology Law)
Abstract: This essay suggests that how "the internet" is understood has 
substantial legal, social, and cultural consequences. Beginning in the 1940s, 
Netheads adopted an understanding of man-computer symbiosis that continues to 
be attractive to internet futurists. Later on, in the 1970s, Engineers 
addressed the architectural needs of the future in a concrete way, seeking to 
interconnect diverse networks. In recent years, the Telcos have increasingly 
taken the position that "the Internet" is no more than the sum of their 
privately-owned pipes and wires. These three different approaches to "the 
Internet" are now informing a complex and important public policy debate about 
"network neutrality."
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=962596

Rebooting Cybertort Law by MICHAEL L. RUSTAD & THOMAS KOENIG (Washington Law 
Review)
Abstract: Cyberspace provides an ideal legal environment for tortfeasors and 
online criminals because Internet Service Providers (ISPs) have no duty to 
mitigate harms caused by ongoing torts, crimes, and infringing acts. Courts 
have stretched Congress's express language in Section 230 of the Communications 
Decency Act from the narrow purpose of immunizing ISPs as publishers to the 
expanded purpose of shielding them from all tort liability. This Article 
proposes imposing a limited duty of crae on ISPs to remove or block ongoing 
tortious activities on their srvices when they have been given actual notice. 
This reform will harmonize American ISP liability law with the European union's 
Electronic Commerce Directive, which imposes an affirmative duty on ISPs to 
take down objectionable materials. It also will unify U.S. law by creating 
procedures consistent with the takedown policy mandated by the Digital 
Copyright Act.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=961885

Authors v. Archivers: The Copyright Infringement Battle Over Web Pages by 
KINARI PATEL
Abstract: Archiving Internet content by storing old versions of Web pages is 
currently a growing trend because of the educational, cultural, and evidentiary 
value it provides. Google and the Internet Archive are two examples of Internet 
archives that provide this service. However, by storing old versions of Web 
pages without first obtaining the permission of authors, Internet archives 
infringe on the copyrights of authors. Under the fair use exception to 
copyright infringement, Internet archives may be legally authorized to archive 
old versions of Web pages without first obtaining the permission of authors in 
certain situations. However, this paper argues that, in all cases, the burden 
should be placed on authors to notify Internet archives that they wish for 
their Web pages to be excluded from the archive, rather than placing the burden 
on Internet archives to contact authors before they archive Web pages. By not 
overburdening Internet archives, the current opt-out policy is more 
advantageous than an opt-in policy because it allows Internet archives to 
continue to provide the benefits of archiving old Web pages to the public.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=965199

Corporate Complicity in Internet Censorship in China: Who Cares for the Global 
Compact or the Global Online Freedom Act? by SURYA DEVA (George Washington 
International Law Review)
This article critically evaluates the efficacy of two regulatory initiatives - 
the UN Global Compact and the US Global Online Freedom Act - in dealing with 
the specific challenges posed by doing business with or within China. In 
considering how much promise these two initiatives offer in ensuring that 
corporations take their human rights responsibilities seriously, two specific 
claims are advanced. First, that the Global Compact has failed not only in 
convincing US corporations to embrace, support and enact its ten principles, 
but also in ensuring that participant corporations seriously fulfill their 
undertaken commitments. Such a US-specific inquiry is especially relevant 
because many MNCs that have been sued for human rights abuses have a presence 
in the US. The second claim is that although home state extraterritorial 
regulation is a potential option to tame MNCs' abusive activities, it is 
unlikely that the Freedom Act, even if enacted, will achieve its goal of 
promoting Internet freedom globally by combating censorship by authoritarian 
foreign governments.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=964478

The Structure of Search Engine Law by JAMES GRIMMELMANN (Yale Law School 
Information Society Project)
Abstract: This article will provide a road map to the legal issues posed by 
Internet search engines. It will indicate what questions we must consider when 
thinking about search engines, and it will detail the interconnections among 
those questions. It will not endorse any particular normative framework for 
search. Nor will it recommend who should regulate search. Instead, it will 
provide the necessary foundation for informed decision-making, by whatever 
regulator and whatever its normative approach. Part I will explain how modern 
search engines function and describe the business environment within which they 
operate. Part II, the heart of the article, will present a descriptive analysis 
of the legal struggles over search, showing how questions of search policy, 
many of which have long been latent in different fields of Internet law, are 
increasingly confronting lawyers, courts, and regulators. Part III will then 
show, with five examples, how taking a broad view of search yields otherwise 
unavailable insights into pressing controversies. This is not to say that the 
end result must be a body of search-specific law, only to note that failing to 
consider the larger forces at work in search is antithetical to sensible 
policy-making.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=963118

Internet Jurisdiction: A Comparative Analysis (Harvard Law Review)
The difficult jurisdictional issues raised by the Internet have captured 
significant attention, prompting one federal judge to comment that, “[t]o 
paraphrase Gertrude Stein, as far as the Internet is concerned, not only is 
there perhaps ‘no there there,’ the ‘there’ is everywhere where there is 
Internet access.” This lack of clear borders creates tension between different 
interests. The media desire certainty regarding when online content creates a 
basis for personal jurisdiction so that they can avoid defamation lawsuits in 
distant places. Sovereign nations want to ensure that the ubiquitous nature of 
the Internet does not undermine their ability to enforce substantive laws 
balancing speech and reputation rights. This Part’s comparison of U.S. and 
Commonwealth cases reveals differing approaches to determining when to exercise 
jurisdiction over media defendants based on Internet content. U.S. courts have 
adopted a targeting test that requires purposefully directing activity at a 
forum as opposed to merely providing content accessible there. Courts in 
Commonwealth countries, including Australia, the United Kingdom, and Canada, 
have based jurisdiction on foreseeability, exercising jurisdiction over any 
online media content that could harm a plaintiff’s reputation in the forum. 
Although these inconsistent jurisdictional tests are a matter of procedure, 
they stem from different substantive laws and from Commonwealth courts’ 
underlying unfriendliness to U.S. free speech protections. Media defendants 
have argued for special jurisdictional rules applicable to the Internet alone; 
however, any such call for reform must recognize that the procedural divergence 
results from entrenched substantive differences. Thus, this Part argues that 
absent an international agreement harmonizing the jurisdictional analysis, 
courts are not likely to adopt special Internet rules, and media groups will 
instead be compelled to turn to technological solutions.
http://www.harvardlawreview.org/issues/120/feb07/DEVO/DEVO_intro07.pdf

**********************
OTHER INTERNET NEWS
**********************
au: Industry closes anti-coal website
THE mining industry has used copyright laws to close an anti-mining website 
launched by a small protest group in Newcastle.
http://www.smh.com.au/articles/2007/03/04/1172943275688.html

Egypt's bloggers test state media control (Reuters)
Egyptian bloggers have come into the spotlight, on the one hand as an important 
forum for political debate, on the other as the target of government attempts 
to limit their freedom of expression.
http://uk.reuters.com/article/internetNews/idUKL2870055620070304

Movement to free Kareem looks to UN
We've learned all too well by now that many parts of the globe won't tolerate 
any perceived insult to Islam, however unintentional. Invite cartoonists to 
draw Muhammad, as Danish newspaper Jyllands-Posten did in 2005, or be one of 
the dozens of other publications that reprinted the caricatures in solidarity 
with Jyllands-Posten, and watch the death threats pour in and lethal rioting 
start as some Muslim organizations try to get the government to levy criminal 
charges.
http://hamiltonspectator.com/NASApp/cs/ContentServer?pagename=hamilton/Layout/Article_Type1&c=Article&cid=1172877013129

Egyptian Blogger Appeals Prison Sentence (AP)
Lawyers filed an appeal Monday on behalf of a blogger who was sentenced to four 
years in prison for insulting Islam and Egypt's president.
http://www.washingtonpost.com/wp-dyn/content/article/2007/02/27/AR2007022700065.html

au: Call for internet drug fight
POLITICIANS want police and the Australian Crime Commission to have extra 
powers to scour the internet and hunt the manufacturers and suppliers of 
synthetic drugs such as ice and ecstasy.
http://australianit.news.com.au/articles/0,7204,21305633%5E26199%5E%5Enbv%5E15306-15319,00.html

us: Surge in global internet scams
Alarmed by a rise in foreign-based internet scams targeting the lovelorn and 
greedy, including one that led to the suicide of an American in Africa last 
year, the State Department is warning US citizens against falling prey to 
fraudsters.
http://www.smh.com.au/articles/2007/03/02/1172338853755.html

'Harry Potter' author fights e-book fraud on eBay
Children's author J.K. Rowling may or may not have garnered the equivalent of a 
temporary injunction against eBay over the sale of fraudulent Harry Potter 
e-books, depending on how you interpret court documents.
http://news.zdnet.com/2100-9595_22-6163620.html

us: Internet porn pop-ups cost this teacher her job and her freedom
A teacher faces up to 40 years in jail for exposing her pupils to online 
pornography, amid an outcry from computer experts that she is the innocent 
victim of malicious software.
http://technology.timesonline.co.uk/tol/news/tech_and_web/article1464355.ece
http://www.smh.com.au/articles/2007/03/01/1172338780879.html

us: Police Turn to YouTube to Catch Suspects
Patrolman Brian Johnson of the Franklin, Mass., Police Department studied a 
surveillance video showing two men using allegedly stolen credit cards at a 
Home Depot.
http://hosted.ap.org/dynamic/stories/C/CRIME_FIGHTING_YOUTUBE

us: Woman accuses Yahoo of stealing her image
An Ohio woman is demanding $20 million from Yahoo for allegedly using a photo 
of her without her permission for a welcome e-mail sent to new users.
http://news.com.com/2100-1030_3-6163987.html

us: Justice Department takes aim at image-sharing sites
The Bush administration has accelerated its Internet surveillance push by 
proposing that Web sites must keep records of who uploads photographs or videos 
in case police determine the content is illegal and choose to investigate, CNET 
News.com has learned.
http://news.com.com/2100-1028_3-6163679.html

us: Berners-Lee: Congress should consider net neutrality
Timothy Berners-Lee advocated that the U.S. Congress protect net neutrality and 
questioned the value of DRM (digital rights management) Thursday. Berners-Lee, 
speaking before the Subcommittee on Telecommunications and the Internet in the 
U.S. House of Representatives, said it was "very, very important" for lawmakers 
to protect the ability of users to access the Web content they want regardless 
of their ISP.
http://infoworld.com/article/07/03/01/HNcongressnetneutrality_1.html

us: Berners-Lee pushes Congress on 'nondiscriminatory' Web
World Wide Web father Tim Berners-Lee told politicians on Thursday that it's 
critical to shield his seminal innovation from control by a single company or 
country.
http://news.com.com/2100-1034_3-6163616.html

Google trading fairly in Korea?
Google is in hot water with the Korea Fair Trade Commission for allegedly 
violating part of its business agreement with the government branch.
http://news.com.com/2100-1028_3-6162446.html

au: 'Disgusting' broadband govt's fault says Telstra
Telstra public policy and communication general manager Phil Burgess today said 
the "disgusting" lack of high-speed services in Australia was due to the 
federal Government's nonsensical regulations demanding it could only be rolled 
out if there were two or more providers to ensure competition.
http://australianit.news.com.au/articles/0,7204,21307341%5e16123%5e%5enbv%5e,00.html

au: Big boost for broadband this week
The government will make a major announcement on broadband services later this 
week, said Prime Minister John Howard.
http://zdnet.com.au/news/communications/soa/Howard_Big_boost_for_broadband_this_week/0,130061791,339273981,00.htm

nz: ISPANZ, Drury differ on internet peering fix
The ISP Association (ISPANZ) is backing high-tech entrepreneur Rod Drury in 
seeking a fix to the emerging internet peering debate. ISPANZ says the 
government should take immediate steps to fix the issue, which sees much local 
internet traffic routed outside the country due to telecommunications carriers 
here refusing to "peer" with each others' networks.
http://computerworld.co.nz/news.nsf/news/21D5DDF4DF55B826CC25729100738AF9

Scotsman wins £1,300 settlement against spammer
An Edinburgh man has obtained damages of more than £1,300 from British-based 
spammer. Gordon Dick was granted the order against Transcom Internet Services 
Ltd of Henley-on-Thames at a January hearing in Edinburgh's Sheriff Court. 
Although he hasn't received any money yet, even after sending a debt collector 
around to Transcom's premises, the lawsuit is a landmark in the fight by 
consumers against UK spammers. This is the first action of its kind in Scotland 
and only the second so far in the UK.
http://www.theregister.co.uk/2007/03/02/scotland_spam_victory/

The rise of technology addiction
The seemingly exponential growth of portable technology has sparked fears that 
people are becoming addicted or swamped by gadgets and their uses.
http://news.bbc.co.uk/2/hi/programmes/click_online/6411495.stm

Mobile Content Usage is Higher in Developing Countries
Third World country mobile users are more content and feature focused than 
their counterparts in developed countries.
http://clickz.com/stats/sectors/wireless/article.php/3625143

Second Life Just Like The First
Second Life, the four-million-strong online community, is turning more and more 
into a pixelated copy of reality and its institutions, complete with rampant 
consumerism, political candidates and lawsuits. Whatever happened to the brave 
new virtual world?
http://www.spiegel.de/international/0,1518,469577,00.html

Study: Violent video games don't make killer kids (Reuters)
Do video games kill? The jury is still out on whether violent video games lead 
to violent behavior in children, but a new study asserts that killer games do 
not make killer kids.
http://www.usatoday.com/tech/gaming/2007-03-02-killer-games_N.htm

Dump the TV set, watch the web instead
Watching programmes on your television set is so last century. Television 
studios are increasingly using the net to transmit their programmes to viewers 
on demand. While this is fine when a relatively small number of people are 
downloading files at different times, if the internet were to transmit live 
television broadcasts to millions of viewers simultaneously, the sudden demand 
for bandwidth could create a huge bottleneck. Now a British company has 
developed a way to send live video to millions of computers at once without 
overloading the web.
http://www.newscientisttech.com/article/mg19325936.900

Cyber cafes a refuge for Japan's poor
In a dingy backstreet of Ikebukuro, not far from one of Tokyo's busiest 
commercial and entertainment districts, a handful of young men and women hover 
near a sign that lights the way to an upstairs internet cafe.
http://www.smh.com.au/articles/2007/03/03/1172868789931.html

ca: The Digital Divide: Is There A Solution?
Definition of the Digital Divide: The difference in opportunities available to 
people who have access to modern information technology and those who do not. 
Traditionally the working poor and homeless have been at a big disadvantage by 
not having access to the latest technology available. The disadvantages are 
many. Lack of access to information and being less competitive in the job 
market are two of the most significant.
http://blogcritics.org/archives/2007/03/04/064418.php

YouTube Struggles Despite Dominance: Some Big Media Firms Take Videos Elsewhere
In the few months since Google paid $1.65 billion to acquire YouTube, both 
companies have tried to come up with a formula to turn the hugely popular 
online video site into a moneymaking venture. Turns out, it's not easy.
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/02/AR2007030200309.html

BBC strikes Google-YouTube deal
The BBC will soon offer trailers, classic clips and news on Google's YouTube 
video sharing website.
http://news.bbc.co.uk/2/hi/business/6411017.stm
http://www.guardian.co.uk/uk_news/story/0,,2025651,00.html

On Advertising: BBC creeping toward commercialism
With its agreement with You-Tube, the BBC is moving away from its position as a 
publicly funded broadcaster.
http://iht.com/articles/2007/03/04/business/ad05.php

Wikipedia: you couldn’t make it up
The internet encyclopaedia Wikipedia is one of the most visited sites on the 
web. Can you trust it? 
http://technology.timesonline.co.uk/tol/life_and_style/women/the_way_we_live/article1457697.ece

Microsoft could face more fines, warns EU
European antitrust regulators on Thursday issued a formal warning to Microsoft, 
threatening further penalties against the software giant over its pricing of 
protocol licenses.
http://news.com.com/2100-1014_3-6163349.html

us: Tech firms go green as e-waste mounts
This is where computers go to die a green death. Inside Hewlett-Packard Co.'s 
cavernous recycling plant in the Sacramento suburbs, truckloads of obsolete 
PCs, servers and printers collected from consumers and businesses nationwide 
are cracked open by goggled workers who pull out batteries, circuit boards and 
other potentially hazardous components.
http://www.usatoday.com/tech/2007-03-04-green-firms_N.htm
http://www.smh.com.au/articles/2007/03/04/1172943254031.html

FastWeb founder turns his attention to Internet television and video-on-demand
In seven and a half years, Silvio Scaglia transformed FastWeb from a start-up 
with a plan to bring fiber-optic cables into houses from Milan to Palermo into 
a company with €1.3 billion in annual sales and 1.1 million clients.
http://iht.com/articles/2007/03/04/business/nettv05.php

us: FCC: Local telephone carriers must connect to VOIP
The U.S. Federal Communications Commission has ruled that incumbent local 
exchange carriers must connect to VoIP services, overruling two state public 
service commission opinions.
http://infoworld.com/article/07/03/02/HNlocalphonevoip_1.html

au: Man to face court on child porn charges
A 58-year-old Port Macquarie man has been charged with child pornography 
offences.
http://abc.net.au/news/australia/nsw/midnorth/200703/s1861031.htm

au: Child pornography charges - Child Exploitation Internet Unit (news release)
A 58-year-old man has been charged with child pornography offences after sexual 
offences against children were allegedly described in detail in an online chat 
session.
http://police.nsw.gov.au/news/recent_media_unit_information?sq_content_src=aHR0cDovL2N1c3RvbXNjcmlwdHMucG9saWNlLm5zdy5nb3YuYXUvbmV3cy9kZXRhaWxzX21lZGlhLnBocD9NZWRpYUlEPTg4MDU%3D

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

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

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

(c) David Goldstein 2007


 
---------

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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