All You Wanted to Know About Internet Governance in One Site

February 14, 2005

NetDialogue was launched today.  It aims to synthesize the various initiatives by a host of international organizations over numerous Internet issues.  If you want an overview of the work that’s being undertaken to regulate various aspects of the Internet, this is the place to go.  Kudos to folks at the Berkman Center and the Center for Internet and Society!

Domain Names and Likelihood of Confusion

In a recently decided case in the US, a District Court ruled that the effortless nature web-surfing makes it easier for a consumer to be confused about a site’s ownership (thereby resulting in trademark infringement).  The Court said:
Several courts have noted that the quick and effortless nature of “surfing” the Internet makes it unlikely that consumers can avoid confusion through the exercise of due care:
In the internet context, in particular, entering a website takes little effort - usually one click from a linked site or a search engine’s list; thus, Web surfers are more likely to be confused as to the ownership of a web site than traditional patrons of a brick-and-mortar store would be of a store’s ownership.
As a result, “ordinary Internet users do not undergo a highly sophisticated analysis when searching for domain names.” The Court fails to consider a fundamental truth about the Web — that it is a platform riding on a sea of information.  Users can easily verify the sponsorship of a site by relying on a slew search engines.  Information from searches leads to more information  (like urban legend sites or blogs) that can help the user confirm a site’s authenticity.  The point is that in brick-and-mortar stores where the consumer is misled as to its sponsorship (like walking into a Mang Donald’s in Pasig), the consumer would have no easy way to find the authentic store.  That’s just not true on the Web.  (more…)

VAS & VoIP

According to a news item, NTC Director Edgardo Cabarios said that:

The hands of NTC are tied to the Republic Act 7925 [Philippine Public Telecommunications Act of 1995]. As much as there is ground to penalize chikka.com, we cannot do so because there are no penal provisions under the law. We can only order the telcos to stop charging subscribers who receive messages from chikka, Mr. Cabarios said over the telephone. This has some interesting implications for Voice over IP (VoIP) which some sectors are lobbying to be classified as a Value Added Service or VAS:

• First, it’s not a crime to operate a VAS without complying with R.A. 7925. In fact, there’s no penalty at all that the NTC can impose on the errant VAS.  This means that if NTC classifies VoIP as a VAS, then unregistered operators can ply their trade without fear of penal sanctions.
• Second, if you don’t register as a VAS with the NTC, the latter won’t run after you directly but only indirectly - by ordering the PTEs to disconnect you financially.  This means that the NTC will use the PTEs to enforce their regulatory authority.  In the VoIP context, the PTEs would only be too happy to oblige.

(more…)