31 August 2015

Internet Cooperation: United States and India

Protecting Our Shared Spaces - Remarks by U.S. Ambassador Richard Verma at the Observer Research Foundation, New Delhi | August 14, 2015 (excerpts):

Internet Cooperation
Finally, let’s turn to the realm of the internet, which has opened horizons almost as unlimited as space, and proven to be a great liberator, providing information and services to those who would not otherwise have access. As Cisco CEO John Chambers said: “The internet brought the world closer together, changed the way we lived, worked, learned and played and gave every citizen of the world a chance to participate in the economic future.”

The internet is already influencing many aspects of our lives, including our businesses, governments, power grids, homes, healthcare and education systems, and social relationships. Promoting access to the internet, therefore, will be essential to advancing human progress in the 21st century.

Over the past year, there has been a sobering increase of internet misconduct that has caused billions of dollars in economic damage. Criminal networks targeting both the United States and India misuse the internet to steal information and profit at the expense of private citizens, businesses, and governments. Increasingly sophisticated state-sponsored efforts have infiltrated government and commercial networks. Extremist groups such as the self-proclaimed Islamic State of Iraq and the Levant (ISIL), al-Qa’ida, and Laskhar-e-Taiba also use the internet to disseminate violent extremist propaganda and mislead youth into joining their causes. Cybercriminals grow increasingly skilled in targeting some of the most vulnerable members of our societies.

Recognizing that the United States and India have both been pioneers in the digital domain, we must continue to work together to combat existing and future threats through information sharing. For example, we recently provided information on a high-profile hacking group operating from India, enabling our two countries to take concerted action against these threats. Given the abuse of internet technology by illicit actors, we are also engaged in joint training and other efforts to improve the process through which India and other countries can obtain bank records and other forms of electronic evidence from the United States, for use in legal proceedings in India.

It is in our shared interest to seek collaborative solutions to the challenges of terrorist recruitment, Internet-based crime and cyber-based threats to our critical infrastructure. I don’t need to spell out the grave implications and potentially cascading effects of a catastrophic attack on a power grid, transportation network, or banking system. Perhaps the greatest protection against such threats is the regular and substantive sharing of information on cyber threats and hostile actors’ capabilities. To do so, we will have to continue to build information sharing mechanisms through law enforcement and intelligence channels, and within our private sector too, as this is where the bulk of our networks reside – outside of public and government control. We must also continue to work through differences in our legal systems that can sometimes slow the sharing of critical information. Given the risks involved, these are worthwhile efforts.

India’s recent announcement of support for a multi-stakeholder model for internet governance was a critical step toward a future where all individuals are able to enjoy the benefits of a free and open internet; and all individuals have incentives to cooperate and avoid conflict. We share the view that the preservation of transformational possibilities of the internet requires all stakeholders to have seats at the table, including the private sector, civil society, academics, engineers, and governments. We look forward to working with the Indian government to continue to support this multi-stakeholder approach, embodied in a myriad of institutions that each day seeks to ensure the reliability of digital spaces.

Our populations are two of the most connected on the planet, which is in part a reflection of our shared values. It is incumbent on us to apply these values in shaping the quality of debates that will determine whether the internet will remain a truly global and open forum that drives prosperity and promotes free speech, or devolve into a fragmented mosaic of discrete national networks. We must demonstrate the courage of our convictions as we address difficult issues and aim to progress on issues that are sometimes seen as in conflict, such as maintaining public security while defending individual liberty.

In closing, it is clear that the problems and opportunities that confront our countries and the world require a resolute commitment to partner beyond our borders.The steps we take should not only focus on tangible, realistic wins that serve our interests today, but on how we can cooperate to uphold our common values and project power for decades to come. What we do together can be a force for greater peace, prosperity, and security in the world. Shared spaces offer us a platform to realize this potential. I look forward to your comments and questions.

source: Press Releases | New Delhi, India - Embassy of the United States

28 August 2015

Wire Transfer Phishing, An Old Scam, Simple Steps To Prevent

source: Wire transfer phishing - an old scam returns: simple steps to protect your organization | DLA Piper - JDSupra

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26 August 2015

Fox Television Stations, Inc. v. FilmOn X, LLC, Internet Streaming

Summary: Internet television streaming service is eligible for compulsory licenses under § 111 of Copyright Act because it meets requirements of definition of “cable company” and Copyright Act does not expressly distinguish between traditional cable services and Internet rebroadcasting services

Source: Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, C.D. California, July 16, 2015 | Loeb & Loeb LLP - JDSupra

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25 August 2015

Google's Sidewalk Labs: Using Technology to Improve Urban Life, Cities

"Sidewalk will focus on improving city life for everyone by developing and incubating urban technologies to address issues like cost of living, efficient transportation and energy usage."--Larry Page, Google
Google is now taking aim at fixing another major problem: city life. A new initiative, called Sidewalk Labs, will use technology and innovation in an effort to improve urban life at a time when the U.S. population is gravitating to cities, according to Google CEO Larry Page. Based in New York, it will be run by Dan Doctoroff, a former deputy mayor of New York City who will combine his experience in managing cities with funding from Google... [Larry Page] described Google's investment as "relatively modest." He did not disclose the amount, but compared Sidewalk Labs to Google X, Google's research lab, and Calico, a Google-funded company that is researching health and aging. "Making long-term, 10X bets like this is hard for most companies to do, but (Google co-founder) Sergey (Brin) and I have always believed that it's important," Page wrote. In a statement, Doctoroff said: "We are at the beginning of a historic transformation in cities. At a time when the concerns about urban equity, costs, health and the environment are intensifying, unprecedented technological change is going to enable cities to be more efficient, responsive, flexible and resilient." Read more at: Google launches Sidewalk Labs to fix cities (USA Today)

Domain name: sidewalkinc.com

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18 August 2015

Cyber Risk Governance in the Digital Age

Cyber Risk Governance in the Digital Age - source: Locke Lord LLP - JDSupra

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17 August 2015

NTIA Notice, Request for Comments, IANA Stewardship Transition Proposal

Federal Register | Internet Assigned Numbers Authority Stewardship Transition Consolidated Proposal and Internet Corporation for Assigned Names and Numbers Accountability Enhancements; Request for Comments: A Notice by the National Telecommunications and Information Administration on 08/10/2015: (the following is an abbreviated form of the full notice which appears in the Federal Register at the link above)--

This notice announces the dates of a comment period during which the public is invited to provide input on two interrelated multistakeholder community proposals. Together, the proposals set forth a plan for transitioning NTIA's stewardship role over the Internet Assigned Numbers Authority (IANA) functions. The purpose of this notice is to encourage interested parties to comment on the two connected proposals—the IANA Stewardship Transition Plan and the Enhancements to Internet Corporation for Assigned Names and Numbers (ICANN) Accountability Related to the IANA Stewardship Transition. NTIA will utilize the input provided in making its determination of whether the proposals have received broad community support and whether the plan satisfies the criteria required to transition its stewardship role.

Comments on the IANA Stewardship Transition Plan are due on or before September 8, 2015; comments on the Enhancements to ICANN Accountability are due on or before September 12, 2015.

Written comments on the IANA Stewardship Transition Proposal should be submitted at https://www.ianacg.org/calls-for-input/combined-proposal-public-comment-period/. Written comments on the proposed Enhancements to ICANN's Accountability should be submitted at https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en.

A July 1, 1997, Executive Memorandum directed the Secretary of Commerce to privatize the Internet's domain name system (DNS) in a manner that increases competition and facilitates international participation in its management. [1] To fulfill this Presidential Directive, the Department of Commerce issued a Statement of Policy on June 10, 1998, stating that the U.S. Government “is committed to a transition that will allow the private sector to take leadership for DNS management.” [2] On March 14, 2014, NTIA announced its intent to complete the privatization of the DNS. [3] In that announcement, NTIA called upon ICANN to convene a multistakeholder process to develop the transition plan. [4] While looking to stakeholders and those most directly served by the IANA functions to work through the technical details, NTIA established a clear framework to guide the discussion. Specifically, NTIA communicated to ICANN that the transition proposal must have broad community support and address the following four principles:
  1. Support and enhance the multistakeholder model;
  2. Maintain the security, stability, and resiliency of the Internet DNS;
  3. Meet the needs and expectation of the global customers and partners of the IANA services; and
  4. Maintain the openness of the Internet.
Consistent with the clear policy expressed in bipartisan resolutions of the U.S. Senate and House of Representatives [5] —which affirmed the United States support for the multistakeholder model of Internet governance—NTIA stated that it will not accept a proposal that replaces the NTIA role with a government-led or an inter-governmental organization solution. In response to NTIA's announcement, the community mobilized two efforts. First, the IANA customer communities took responsibility to develop an IANA stewardship transition plan, coordinated by an IANA-Stewardship Coordination Group (ICG). [6] Second, the community undertook to develop ICANN accountability enhancements deemed necessary prior to the transition of NTIA's stewardship role. These accountability enhancements are being developed through a Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability). [7]

The ICG and CCWG are now seeking public comment on their respective recommendations. Comments provided will be used by NTIA to determine whether the proposals satisfy NTIA's criteria and have received broad community support. Comments will also be considered in any NTIA certification before the U.S. Congress that may be required prior to terminating the existing IANA functions contract currently in place between NTIA and ICANN. [8] To ensure that all views are taken into consideration, NTIA encourages interested parties—including U.S.-based stakeholders—to file written comments by the deadline.

Dated: August 4, 2015.
Angela Simpson,
Deputy Assistant Secretary, National Telecommunications and Information Administration.

1. Memorandum on Electronic Commerce, 2 Pub. Papers 898 (July 1, 1997).
2. National Telecommunications and Information Administration,Management of Internet Names and Addresses, 63 FR 31741 (June 10, 1998),available at http://www.ntia.doc.gov/federal-register-notice/1998/statement-policy-management-internet-names-and-addresses.
3. See NTIA's authorities, 15 U.S.C. 1512; 47 U.S.C. 902(b)(2)(H).
4. NTIA Announces Intent to Transition Key Internet Domain Name Functions (Mar. 14, 2014) available at http://www.ntia.doc.gov/press-release/2014/ntia-announces-intent-transition-key-internet-domain-name-functions
5. A concurrent resolution expressing the sense of Congress regarding actions to preserve and advance the multistakeholder governance model under which the Internet has thrived, 112th Cong. 2nd sess. S.Con.Res.50 and H.Con.Res.127 (2012).
6. See IANA Stewardship Transition Coordination Group, available at https://www.ianacg.org/.
7. See CCWG on Enhancing ICANN Accountability, available at https://community.icann.org
8. DOTCOM Act of 2015, H.R. 805 and S. 1551, 114th Cong. (2015).

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14 August 2015

OECD Digital Economy Outlook 2015

OECD Digital Economy Outlook 2015: "The digital economy now permeates countless aspects of the world economy, impacting sectors as varied as banking, retail, energy, transportation, education, publishing, media or health. Information and Communication Technologies are transforming the ways social interactions and personal relationships are conducted, with fixed, mobile and broadcast networks converging, and devices and objects increasingly connected to form the Internet of things. This report assesses how countries can maximise the potential of the digital economy as a driver for innovation and inclusive growth, and discusses the evolutions in the digital economy that policy makers need to consider as well as the emerging challenges they need to address as a part of national digital strategies. Chapters include an overview of the current status and outlook of the digital economy; the main trends in the ICT sector, and developments in communication and regulation policy; and overviews of ICT demand and adoption, plus the effects of the digital economy on growth and development. This volume also includes a chapter on developments related to trust in the digital economy and on the emerging Internet of things."

Source: OECD Digital Economy Outlook 2015 - en - OECD and  http://www.keepeek.com/Digital-Asset-Management/oecd/science-and-technology/oecd-digital-economy-outlook-2015/summary/english_19d38fa8-en#page1

The Organisation for Economic Co-operation and Development (OECD), Paris, France

OECD Vision Statement: http://www.oecd.org/mcm/48064973.pdf

The OECD’s core values
  • Objective: Our analyses and recommendations are independent and evidence-based.
  • Open: We encourage debate and a shared understanding of critical global issues.
  • Bold: We dare to challenge conventional wisdom starting with our own.
  • Pioneering: We identify and address emerging and long term challenges.
  • Ethical: Our credibility is built on trust, integrity and transparency.

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13 August 2015

Celebrity Fan Sites, Copyright Liability, Without DMCA Safe Harbor

Celebrity Fan Sites, Copyright Liability, Without DMCA Safe Harbor - source:  JDSupraOwners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability Without DMCA Safe Harbor | Akerman LLP - Marks, Works & Secrets

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12 August 2015

Court Rejects Cybersquatting Claims For 16-Year Old Domain Name

Kneen Transcript of Preliminary Injunction Hearing-2

Court Rejects Cybersquatting Claims For 16-Year Old Domain Name

see also: Judge Throws Out Cybersquatting Claims For 16 Year Old Domain | TechCrunch

tags: Court, Cybersquatting, Claims, Domain Names, domains, trademarks

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11 August 2015

Wire Fraud, Computer Intrusion, Internet Fraud, Malware, Cybercrime

Wire Fraud, Computer Intrusion, Internet Fraud, Malware, Cybercrime - source: JDSupraThe FBI has been busy | Robinson & Cole Data Privacy + Security Insider

tags: Vladimir Tsastsin, wire fraud, computer intrusion, Internet fraud, infect, malware, hijack,
Alex Yucel, Blackshades, malware, RAT, cybercrime, FBI,

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10 August 2015

Ambassador Sepulveda Remarks at Conference on the Information Society

Remarks for the Fifth Ministerial Conference on the Information Society in Latin America and the Caribbean:

Ambassador Daniel A. Sepulveda
Deputy Assistant Secretary and U.S. Coordinator for International Communications and Information Policy, Bureau of Economic and Business Affairs
Mexico City, Mexico
August 5, 2015

Remarks As Prepared (emphasis added):
Thank you Coordinator Lagunes. The United States is honored to share this podium with you and our dear friends from ECLA, Brazil, ICANN, ISOC, and the EU. We appreciate the opportunity to hear your perspectives and share ours. As we collectively strive to seize the opportunities that the digital economy creates and address the challenges it poses, we believe that we must use a 21st century approach – collaborative, cooperative, and multistakeholder in its orientation.

Across the borderless Internet and the borders between our nations, we are all working to make the most of the digital revolution for our children and our people. We believe it is an enabler of progress and human development as well as the latest example of how human ingenuity, when left free to invent and explore, can change our world for the better, making all of us more productive, more informed, and more connected than ever before.

The Internet is a general purpose technology, like the combustion engine, railroads and electrical generation. That is, Internet-based technologies and services are not isolated ends in and of themselves. All sectors benefit and grow and are transformed by those technologies.

A recent McKinsey study addressed the question that Alicia (ECLAC Executive Secretary) posed -- who is capturing the value the Internet generates? Well, according to that study 21% of GDP growth in mature countries in the next five years came from connecting to and using internet digitalization not producing it. And 75% of the value from Internet digitalization actually went to traditional industries other than the four or five specific Internet companies some commentators choose to focus on.

So, net/net the Internet is making everyone who is connected to it better off, not just the platform developer using the platform.

Nonetheless, like every leap forward in technology, the information and communications technologies and networks that enable the global Internet have created a complex mixture of opportunities and challenges – from job creation to privacy concerns to the return to intellectual property creation, the apps economy, the Internet of Things, e-commerce, the sharing economy, and new technologies unforeseen and little understood are changing the relationship between people and their governments, employers and employees, and buyers and sellers of goods.

We must seize the opportunities that the digital economy creates and overcome new challenges together, through cooperation and collaboration, mutual respect and civil discourse.

The United States values the partnerships that we have all built together across the Americas and we strongly believe that this region can and should lead the world in promoting and protecting the free flow of commerce, speech, and association that the modern global communications system enables and facilitates.

At its core, this region is committed to democracy and freedom. And a healthy information society is the key to the preservation of those values and the promotion of shared prosperity.

As we discuss over the next few days the positive impact, challenges, and opportunities of the digital economy, as well as the future of the Information Society, let us remember how far we have come in a very short time.

Consider the facts:
  • There were 309.5 million Internet users in Latin America in 2014, amounting to 51% penetration. That’s an 8.5% growth rate from 2013 to 2014.
  • The number of people in the region who regularly went online via a mobile phone increased 25% from 2013 to 2014. And,
  • By 2018, there will be 378.3 million Internet users in the region bringing Internet penetration to 60%.
The degree to which the region is embracing policies that drive broadband infrastructure expansion and increased private investment in networks and innovation is a testament to this community and an example of what is possible for people around the world.

We have work left to do. Too many people in the region are still on the wrong side of the digital divide and too many lack the skills and opportunity to make the most of the access available to them. We can do more and we can do better. And together we will.

But that does not diminish what we have achieved to date. We are committed to progress. We are committed to working together. And we recognize our responsibility to contribute to inclusive growth and development built on open networks, open societies, and an open, interconnected, global Internet.

The Americas have stepped up and become a leader in Internet issues. From NETMundial in Brazil and our work together in CITEL to prepare for the ITU Plenipotentiary in 2014, to the Internet Governance Forum in Brazil this year, the Freedom Online Coalition conference in Costa Rica next year, the OECD Ministerial and the IGF next year here in Mexico, we are together creating an open, collaborative, and inclusive space for problem solving and open dialogue.

In November, Brazil will host the annual Internet Governance Forum where a major theme will be “Policy Options for Connecting the Next Billion” and there we will continue to exercise and hone the multistakeholder approach to Internet governance. This annual gathering, the IGF, has over the past few years grown in stature, in the diversity of participants, and in substance. And at the ten-year review of the World Summit on the Information Society this year, we must ensure that the mandate for the IGF is renewed, so the community can continue to invigorate it as the premier, global, multistakeholder forum for international dialogue on Internet issues for the decade to come.

More than any specific policy or the future of any specific firm or any special interest, we are advocates for the preservation of open, inclusive, and multi-stakeholder processes for examining and addressing questions and constructing policies for the digital economy. We live in an age where the key ingredients for innovation and growth are cooperation and collaboration, flexibility and ingenuity.

Governments that have not embraced multistakeholder processes for Internet governance and policymaking have invariably missed out on the creativity and dynamism that industry, civil society, and the technical community bring to bear.

Traditionally intergovernmental institutions that have incorporated stakeholders into their process and proceedings often note and emphasize the benefits that stakeholders bring to the conversation, reaping benefits and producing better outcomes. Institutions that exclude nongovernmental participants will remain subjected to rigid procedures, bureaucracy, captured by incumbents and political stalemate.

Governments and communities need the participation of the multistakeholder community because non-governmental stakeholders bear the largest share of the burden towards inventing and implementing solutions. It is this community that operates, interconnects, uses, and builds on the ICT platforms. They are the subject matter experts, and they are the ones driving the evolution and growth of the Information Society as providers, creators, and users.

Governments should take steps to empower their citizens to participate meaningfully in that evolution and growth, and the multistakeholder community should encourage those efforts. Policies should likewise respect human rights and social groups that are too often excluded from participating in the Information Society, including women, minorities, and rural and poor communities. But in meeting these challenges, we should always guard against unintended consequences or the concentration of power and authority in the hands of any one stakeholder group.

When the history is written about the 21st Century, it will tell a story of how collaborative, cooperative and multistakeholder approaches drove innovation that launched the digital economy. The Americas is leading that story.

Thank you and I look forward to working with you during the Ministerial.

Source: US Department of State

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07 August 2015

Copyright Law Unavailable for Removal of Anti-Islam Video

Copyright Law Unavailable for Removal of Anti-Islam Video - source: JDSupraCopyright Law Unavailable for Removal of Anti-Islam Video - Cindy Lee Garcia v. Google Inc. et al. | McDermott Will & Emery

  #freespeech #firstamendment #islam #copyright

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06 August 2015

FBI Warning: Cryptowall Ransomware Schemes

FBI Warning: Cryptowall Ransomware Schemes - source:  JDSupraFBI warns of continued use of Cryptowall ransomware schemes | Robinson & Cole Data Privacy + Security Insider

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05 August 2015

Data, Privacy, Security, Lessons from FTC Enforcement Actions

Data, Privacy, Security, Lessons from FTC Enforcement Actions - source: Davis Wright Tremaine LLP - JDSupra

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04 August 2015

DOJ Criminal Chief Warns Financial Institutions about Bitcoin

DOJ Criminal Chief Warns Financial Institutions about Bitcoin | Womble Carlyle Sandridge & Rice, LLP  source: JDSupra

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03 August 2015

That Google Image Search Could Result in Copyright Trouble

That Google Image Search Could Result in Copyright Trouble 
source: Winthrop & Weinstine, P.A. - JDSupra

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