Post Tagged with: "jurisdiction"

U.S. Uses Domain Names As New Way to Regulate the Net

Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Earlier this month, the United States began to move aggressively toward a new way of confronting the Internet’s jurisdictional limitations – the domain name system.

Domain names are widely used to ensure that email is delivered to the right inbox or to allow users to access a particular website. The system includes a large database that matches the domain name (e.g. michaelgeist.ca) to a specific IP address (i.e. the location of the computer server). The system is used billions of times every day to route Internet traffic to its intended destination.

As every Internet user knows, inadvertently entering the wrong email or web address typically means that the email bounces back or takes the user to an unexpected destination. As my weekly technology law column notes (Toronto Star version, homepage version), legislators have now begun to consider the possibility of intentionally stopping access to certain sites by ordering Internet providers to block access to their domain names.

September 28, 2010 — 33 comments — Columns

U.S. Uses Domain Names As New Way to Regulate the Net

Appeared in the Toronto Star on September 27, 2010 as U.S. Uses Domain Names As New Way to Regulate the Net Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven […]

September 27, 2010 — Comments are Disabled — Columns Archive

Conrad Black Case Targets Net Defamation Jurisdiction Standard

Conrad Black’s ongoing legal fight in the United States has attracted considerable attention in Canada, yet my weekly technology law column (Toronto Star version, homepage version) there is a side courtroom battle at home over alleged defamatory content on the Internet that merits closer attention. The case, named Black v. Breeden, involves postings such as press releases and reports on the Hollinger International, Inc. website that Black claims were defamatory. Several Ontario media organizations published the allegations contained in those releases.

When Black sued the company’s directors, advisers, and one company employee for defamation, the defendants in the case brought a motion to dismiss on jurisdictional grounds, arguing that Ontario was not the appropriate venue for the case since both Hollinger and Black are located in the U.S. After a judge dismissed the motion, the defendants appealed to the Ontario Court of Appeal.

In a unanimous decision this month, the appellate court upheld the ruling by the motions judge, concluding that Ontario was a suitable venue and that the defamation case could proceed.

August 30, 2010 — 14 comments — Columns

Conrad Black Case Targets Net Defamation Jurisdiction Standards

Appeared in the Toronto Star on August 30, 2010 as Conrad Black Case Targets Net Defamation Standards Conrad Black’s ongoing legal fight in the United States has attracted considerable attention in Canada, yet there is a side courtroom battle at home over alleged defamatory content on the Internet that merits […]

August 30, 2010 — Comments are Disabled — Columns Archive