Internet Law — The Internet, Trademarks and Domain Names

1997 ◽  
Vol 19 (2) ◽  
pp. 149
2016 ◽  
Vol 3 (2) ◽  
pp. 144-154
Author(s):  
A V Danilenkov

The article is focused on the analysis of the genesis and legal meaning of the Internet-law principles within the framework of the international and national public order; the author substantiates and lays out the classification of those principles; the adoption of the international law act to incorporate the fundamental Internet-law principles is envisaged. The author castigates some positions and views, circulating in the law science, which purport to attribute the Internet-law principles with the so-called «soft law» tag, being of opinion that such meta-juridical assumptions and easiness may impede doctrinal evaluation of Internet-law as evolving area of law and lead to the obscurantism in the field of the scientific legal knowledge about the subject matter and method of Internet-law as well as the substantive characteristics of the relations, governed by its norms. In order to bolster up his thesis the author refers to the practice of sanctioning the «fair customs» in the area of registration and use of the domain names and the rapid development in the last decade of the international legislation and case law including the numerous decisions of the European court for human rights re privacy and etc. which completely overturns the concept of the Internet-law as stuck in the rudimentary standing of the «soft law». Author also substantiates the argument that most of the Internet-law principles are formed in the course of the regulatory and law enforcement activity of the specialized organizations (such as ICANN, ITU and others) and also ensue from the coincidental practice of the states and quasi-state constituencies (such as European Union).


2014 ◽  
Vol 13 (3) ◽  
pp. 306-346 ◽  
Author(s):  
Simone Vezzani

icann’s decision to liberalize the market for Internet Generic Top-Level Domain Names has been giving rise to many concerns, related in particular to the registration of health-related strings, which may favour fraud and the dissemination of misleading health information. However, a very sophisticated mechanism has been put into place by icann, intended to prevent the registration of strings which face opposition from a significant portion of the community they purportedly aim to serve, or which are contrary to generally accepted principles related to morality and public order. Tailored after the model of commercial arbitration, icann rules of procedure are noteworthy in that they give standing to all interested Internet users and to an Independent Objector. Though underlining some of its procedural deficiencies, this article emphasizes the importance of the icann mechanism in the “constitutionalization” of the Internet. It also discusses the contribution of icann expert panels to international human rights discourse, as illustrated by the expert panel determinations walking the tightrope between freedom of expression and the right to health.


Author(s):  
Bradley J. Martineau

 Law reviews and legal journals have been part of the legal academic world for more than a century. [1] These legal publications are unique because they are completely run by students. However, over the last few decades, law reviews and legal journals have been highly criticized, and some critics even predict their demise. [2] If law reviews and legal journals expect to survive and remain valuable academic resources, then certain changes need to be made, and these changes are the responsibility of the student editors. Although some legal publications are making changes for the better, such as publishing online, more can be done to improve these student-run publications. By taking advantage of technological advances, especially the Internet, law reviews and legal journals can reduce the time it takes to publish an issue. In addition, these technological advances allow legal publications to offer many new features and services for both the authors and the readers. However, updating a publication with these new technological advances can be expensive. Thus, law reviews and legal journals need to generate more income from other sources than just subscriptions.


First Monday ◽  
2021 ◽  
Author(s):  
Polina Kolozaridi ◽  
Dmitry Muravyov

In reference to Russia, the concept of “Internet sovereignty” is commonly used to evoke the state’s efforts to tighten its control over the Internet in order to consolidate a non-democratic political regime. Many scholars have discussed Russia’s “sovereign Internet law,” adopted in 2019, yet the precise meaning of both “sovereign” and “Internet” in this context has largely been overlooked. In this article, we attempt to problematize the use of both concepts by drawing on the history of the Internet in Russia to accentuate the structural asymmetries of power in “global” Internet governance. We argue that Russia’s Internet sovereignty claims, grasped in the context of these asymmetries, can be seen as an expression of counter-hegemonic tendencies. Moreover, a historical account of the Internet’s transformation in Russia problematizes a conception of “Internet sovereignty” as unitary and unchanging.


Author(s):  
Undrah Buyan Baasanjav

This chapter explores the interplay between society and Internet technology in the context of the developing former socialist country of Mongolia. This chapter goes beyond questions of access to the Internet and explores three factors of the global digital divide. First, this chapter explores how language factors such as non-Roman domain names and the use of the Cyrillic alphabet exacerbate the digital divide in the impoverished country of Mongolia. ICANN's initiation of international domain names is an initial development toward achieving linguistic diversity on the Internet. Second, this chapter explores how post-communist settings and foreign investment and aid dependency afflict Internet development. A rapid economic growth in Mongolia has increased access to mobile phones, computers, and the Internet; however, the influx of foreign capital poured into the mining, construction, and telecommunication sectors frequently comes in non-concessional terms raising concerns over the public debt in Mongolia.


Author(s):  
Undrahbuyan Baasanjav

This chapter explores several factors of the global digital divide in the former socialist country of Mongolia. By analyzing manifest media content on the Internet, as well as by interviewing people involved in Internet development, this chapter goes beyond the question of access to the Internet and asks how language factors exacerbate the digital divide in an impoverished country. Initiating non-Western alphabet domain names and setting culturally inclusive non-Western alphabet standards have been important steps in achieving linguistic diversity on the Internet and overcoming the global digital divide in countries like Mongolia. Furthermore, this chapter explores how a post-communist political setting, aid dependency, and international organizations influence Internet development. The analysis of in-depth interviews provides nuanced explanation of the socialist legacy that is traced in institutional routines, people’s attitudes, and social practices.


Author(s):  
Torsten Bettinger

Although the Internet has no cross-organizational, financial, or operational management responsible for the entire Internet, certain administrative tasks are coordinated centrally. Among the most important organizational tasks that require global regulation is the management of Internet Protocol (IP) addresses and their corresponding domain names. The IP address consists of an existing 32 bit (IP4) or 128 bit (IP6) sequence of digits and is the actual physical network address by which routing on the Internet takes place and which will ensure that the data packets reach the correct host computer.


2020 ◽  
Vol 45 (4) ◽  
pp. 1093-1112
Author(s):  
Jeffrey Omari

This article explores the ideals of open Internet governance in Brazil. I examine Brazil’s Internet law, the Marco Civil da Internet (MCI), which promotes the right to Internet access, online privacy, and net neutrality. The MCI’s ideals of a free and open Internet are challenged by Internet companies, such as Facebook, which offer “zero-rating” promotions that provide limited, free mobile data to low-income subscribers. I juxtapose the ideals of openness embodied in the regulatory sphere of the MCI with those of Brazil’s cultura livre (free culture) movement to show the ascendance of open values in Brazilian governance and culture. Accordingly, I employ the rhetorical question, “Is Facebook the Internet?” to demonstrate the ways in which commitments to open Internet governance, expressed in both the cultural and regulatory realms, run counter to the more proprietary ideals of the transnational tech community.


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