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Category Archives: Domain Names

Robots, Pirates, and the Rise of the Automated Takedown Regime

Carpou, Zoe, Robots, Pirates, and the Rise of the Automated Takedown Regime (April 6, 2015). Available for download at SSRN: http://ssrn.com/abstract=2591187

“The notice-and-takedown provision of the Digital Millennium Copyright Act has become increasingly controversial, particularly with the ever-increasing use of “robo-takedown” requests — an automated procedure by which a copyright holder locates allegedly infringing content online and then sends a takedown notice to an ISP. The rise of the robo-takedown request has been met with considerable backlash, with critics pointing to the high volume of content removal and instances of overbroad takedown requests as evidence of “abuse” of the notice-and-takedown procedure. With automated processes, there can appear to be little stopping copyright holders from regularly sending illegitimate takedown requests to ISPs, sometimes in massive numbers. Users are able to counter-notify under the DMCA to contest removal of their content, but use of the counter-notification procedure is difficult to track and seemingly rare. But, does the high rate of takedown and the seemingly low instance of counter-notification reflect “abuse” of the notice-and-takedown procedure, or does it simply mean that the DMCA is effective at combating digital piracy? This Note takes an empirical approach to exploring the issue of notice-and-takedown “abuse” with a focus on instances of robo-takedown. To do so, it identifies and analyzes all known instances of litigation arising from the notice-and-takedown procedure, isolating those instances that arise from section 512(c) user counter-notification as well as those that are predicated on section 512(f) misrepresentation claims. After presenting the empirical findings, this Note argues that robo-takedown procedures aren’t actually doing as much harm as believed, and that they, coupled with methods of strengthening user pushback procedures and lessening the risk of overbroad takedown requests, are actually an efficient means of combating the high volume of infringing content in the digital world.”

Life in the Global Public Domain

Ruggie, John Gerard, Life in the Global Public Domain: Response to Commentaries on the UN Guiding Principles and the Proposed Treaty on Business and Human Rights (January 23, 2015). Available for download at SSRN: http://ssrn.com/abstract=2554726 ““This paper addresses the foundational logics of the UN Guiding Principles on Business and Human Rights, and comments on theContinue Reading

Understanding ICANN’s Complexity in a Growing and Changing Internet

Testart, Cecilia, Understanding ICANN’s Complexity in a Growing and Changing Internet (April 15, 2014). Available at SSRN: http://ssrn.com/abstract=2431571 “Historically, the primary governance of the Internet has been in the hands of the Internet Corporations for Assigned Names and Numbers (ICANN), a non-profit corporation appointed by the US government to develop policy for and manage the criticalContinue Reading

What happens to the internet after the U.S. hands off ICANN to others?

Pew Research Center, Lee Raine: “It is important to remember that no one, no government and no organization “controls the internet.”  ICANN is a crucial cog in the functioning of the internet because computers (and the people who use them) cannot find each other on the internet without Internet Protocol (IP) addresses. ICANN oversees how those addressesContinue Reading

ICANN will transition to global plan for private stakeholder control

Via Nextgov: “A top Commerce Department official pushed back Wednesday against concerns that the Obama administration is opening the door to an Internet takeover by Russia, China, and other authoritarian regimes. The fears stem from the Commerce Department’s announcement last Friday that it plans to give the Internet Corporation for Assigned Names and Numbers, an international nonprofit group, controlContinue Reading

The Long and the Short of Household Formation

The Long and the Short of Household Formation, Andrew D. Paciorek, 2013-26. May 10, 2013 “One of the drivers of housing demand is the rate of new household formation, which has been well below trend in recent years, leading to persistent weakness in the housing market. This paper studies the determinants of household formation inContinue Reading

The History of Cyclical Macroprudential Policy in the United States

The History of Cyclical Macroprudential Policy in the United States, Douglas J. Elliott, Greg Feldberg, and Andreas Lehnert. 2013-29. May 15, 2013 “Since the financial crisis of 2007-2009, policymakers have debated the need for a new toolkit of cyclical “macroprudential” policies to constrain the build-up of risks in financial markets, for example, by dampening credit-fueledContinue Reading

Internet Domain Names: Background and Policy Issues

CRS – Internet Domain Names: Background and Policy Issues. Lennard G. Kruger, Specialist in Science and Technology Policy. January 3, 2013 “Navigating the Internet requires using addresses and corresponding names that identify the location of individual computers. The Domain Name System (DNS) is the distributed set of databases residing in computers around the world thatContinue Reading

Internet Governance and the Domain Name System: Issues for Congress

CRS – Internet Governance and the Domain Name System: Issues for Congress. Lennard G. Kruger, Specialist in Science and Technology Policy. January 2, 2013 “The Internet is often described as a “network of networks” because it is not a single physical entity, but hundreds of thousands of interconnected networks linking hundreds of millions of computersContinue Reading

FTC Commissioner Warns of International Threats to Internet Freedom

Via WSJ, this commentary by FTC Commission Robert K. McDowell: “On Feb. 27, a diplomatic process will begin in Geneva that could result in a new treaty giving the United Nations unprecedented powers over the Internet. Dozens of countries, including Russia and China, are pushing hard to reach this goal by year’s end. As RussianContinue Reading

Internet Governance and the Domain Name System: Issues for Congress

Internet Governance and the Domain Name System: Issues for Congress. Lennard G. Kruger, Specialist in Science and Technology Policy, February 9, 2012 “Currently, an important aspect of the Internet is governed by a private sector, international organization called the Internet Corporation for Assigned Names and Numbers (ICANN), which manages and oversees some of the criticalContinue Reading

FTC Warns That Rapid Expansion of Internet Domain Name System Could Leave Consumers More Vulnerable to Online Fraud

News release: “The Federal Trade Commission today sent a letter to the Internet Corporation for Assigned Names and Numbers (ICANN), the organization that oversees Internet domain names, expressing concern that the organization’s plan to dramatically expand the domain name system could leave consumers more vulnerable to online fraud and undermine law enforcers’ ability to trackContinue Reading