Accepting Guest Blog Posts

I have accepted a position that will not allow me to write in 2016. However, I want to continue to provide information on cyber, intellectual property (IP), social media, security, privacy, and technology law and policy to you all.  So…. I am accepting  submissions from guest bloggers!

Please send me your best cyber, IP and tech law and policy posts. Many of this blog’s followers are entrepreneurs, technophiles, tech novices, bloggers, social media user and those intrigued by tech, so please cater your posts to that audience. Please send posts to thedigitalcounselor@gmail.com. I will notify you if your post is selected.

Thank you for your submission, in advance, and more importantly, THANK YOU FOR READING!

I hope the readers find previous posts and any information others are able to provide in my absence helpful! And I look forward to returning in 2017!!

Make Sure to Change Your Privacy Settings on Facebook…Again!

Tired of changing your privacy settings on Facebook? Well… Sorry!  You need to do it again…  If you do not want Facebook to track your browsing both on and off their site and track the apps you use, change your settings!

argyllfreepress.com
argyllfreepress.com
Today, Facebook announced that it would begin targeting advertisements to users based on the websites they visit and apps that they use. In a blog post, the company explained that users can opt out of the web browser-based tracking through an online ad industry program and can also opt out of the app-based tracking through their smartphones’ privacy controls.

If you have to see ads while using Facebook, they might as well cater to your specific needs and likes, right? It’s seemingly harmless and most people do not have anything to hide. However, this kind of customization is a double edge sword. On one side you have the benefit of a tailored experience while on the other hand your private searching is being consumed by entities like Facebook. A more specific and more troubling concern is that children as young as 13 will be monitored… Are your teens thinking about the ramifications of having Facebook watch their every movement? Congress is promising to monitor the implications of this new advertising system and so should you. Your privacy and the privacy of your family is important! 

Privacy is the price of convenience. Decide which one matters to you most.

How Much of Your Data can Apple Hand to Law Enforcement?

We are all aware (or at least we should be) that our telecom providers are handing over our data to the police when necessary. Well have you ever wondered just how much and what it takes to get that data? iphone-privacy-2011-04-06-1302104043Apple posted their new guidelines describing what data the company can provide to law enforcement and the processes for requesting that data.

The document breaks it down into two basic types of data: information stored on Apple’s servers and information stored locally on iOS devices.  I have outlined the kinds of data and how they can be obtained in a chart below.

Essentially anything you’ve backed up to or stored on iCloud is available for Apple to provide to law enforcement, including connection logs and IP addresses you’ve used. Additionally a lot of the data associated with your Apple ID is available as well. Therefore, any information you’re providing Apple is available for them to pass along. This is something to consider when deciding if or what to back up on iCloud.  You may want to avoid backing up sensitive company data or private information on iCloud. Some information cannot be avoided, such as anything associated with your Apple ID.

Can they access data on my iOS device???

Yes. Apple can bypass security passcodes on our iOS devices to extract “certain categories of active data,” though it apparently cannot bypass that protection entirely. If provided with a valid search warrant, Apple can hand over SMS messages, pictures and videos, contacts, audio recordings, and your phone’s call history, but it can’t access e-mails, calendar entries, or information from third-party applications. Devices must be running iOS 4 or newer, must be “in good working order,” and must be provided directly to Apple’s headquarters along with an external storage drive twice the size of the iOS device’s internal storage.

Will I know if this is happening?

Maybe. The guidelines state that Apple will “notify its customers when their personal information is being sought in response to legal process except where providing notice is prohibited by the legal process itself.” Apple will also avoid notifying users if the company “believes that providing notice could create a risk of injury or death to an identifiable individual or group of individuals or in situations where the case relates to child endangerment,” though this is entirely up to Apple and not to the law enforcement agencies involved. These notification requirement will help prevent random and unfounded searches.

What is missing?

The policies and capabilities surrounding iCloud Keychain, iMessages and FaceTime calls are unclear and disputed. Apple claims iMessage & Facetime are encrypted but there is some speculation otherwise.

Is this unusual?

No, other tech companies have similar policies. For example, Google provides a similar “Transparency Report” outlining the types of data available to law enforcement. The notification policy is new and several other tech giants, including Facebook and Microsoft, have already indicated that they plan to expand their policies on notifying customers whose data has been requested by law enforcement

 

Where is the Data? Type of Data Means to Obtain Data Restrictions
Information stored on Apple Servers Data Associated with your Apple ID contact inormation obtainable with a subpoena or greater legal process
customer service records
transaction history both in store & online
iTunes gift card information
Data Associated with your iCloud Account connection logs & IP address used Any iCloud information that the user deletes cannot be accessed.
60 days of iCloud mail logs that “include records of incoming and outgoing communications such as time, date, sender e-mail addresses, and recipient e-mail addresses” e-mail logs require a court order or search warrant
any e-mail messages that the user has not deleted requires a search warrant
any other information that can be backed up to iCloud – As of this writing, this list includes contacts, calendars, browser bookmarks, Photo Stream photos, anything that uses the “documents and data” feature (which can include not just word processors but also photo and video apps, games, and data from other applications), and full device backups
Information stored locally on iOS devices SMS messages requires a search warrant – Devices must be running iOS 4 or newer, must be “in good working order,” and must be provided directly to Apple’s headquarters along with an external storage drive twice the size of the iOS device’s internal storage. Cannot access e-mails, calendar entries, or information from third-party applications
pictures and videos
contacts
audio recordings
phone’s call history

Enforcing Trademarks on Social Media

As a trademark owner you have an obligation to “police” your trademark. What does that mean? You are responsible for finding and addressing infringement of your trademark rights. (Copyright holders have a similar obligation.)  A major part of policing or enforcing those rights is monitoring and addressing violations on social media.

Platform Content Removal Policies

Each social media platform has their own policies for removal of content whether trademarks or copyrighted work.  It is important to determine the appropriate method and provide all the necessary information to secure timely removal. Social media content changes very quickly so to be effective at protecting brand perception you must be swift and efficient about requesting content removal.

Use this infographic I created as a quick reference guide for Takedown Policy Requirements On Top Social Media Sites.

What Do I Take Down?

Not only is knowing the policy requirements important you need to determine when a post/content warrants removal. This is a strategic decision your company should make while engaging all necessary stakeholders including but not limited to management, legal and marketing/PR. Below are a few things to consider when determining when to take down a post:

  1. As an organization develop a policy for what types of brand use or content use are important to the company. Use that as a guide to addressing infringement.
  2. Embrace positive uses of your mark. There are positive uses that can promote your brand. Coca Cola illustrates a great example of embracing what could have been trademark infringement when two fans created a Facebook page for them.  Coca cola just dedicated a few members of their team to monitor the content.
  3. Know the social media platform rules and policies on content removal. See the infographic for some help but visit the policies on the platform.
  4. Figure out who is likely to comply with your request for content removal. It is usually easier to make a request through the platform. It can be hard to determine who posted content and their contact information. Additionally, it is unlikely that they will cooperate. Remember that the social media content provider is not likely liable for anything unless you can prove a partnership or joint ownership and control over the account.
  5. Reviews & other commentary about your brand, positive or negative, are allowed. Most social media sites will not take down content of this nature and this can cause backlash that will outweigh the potential benefit. This is a great opportunity to engage consumers and either address concerns or reinforce positive perceptions.
  6. Consider the public relations implications of requesting removal. Will attempting to remove the content cause backlash that will be more detrimental? There have been a number of instances of brands garnering greater negative media attention for trying to take something down justified or not. If infringer’s presence is significant enough to cause concern consider joining the conversation.
  7. Include all the requested information. Incomplete requests for content removal may cause unnecessary delays.
  8. Include trademark registration numbers for all jurisdictions. Some social media platforms will only block content in the applicable jurisdiction or country if you only provide proof of one registration. Provide all registrations so the social media platform is aware of the extent of your protection.
  9. List exactly where infringements are located on the site. Platforms are not required to search for infringements.
  10. Submit evidence of current use. This information only serves to strengthen your claim and is as easy as providing the url to your website.

Remember your objective when policing your mark is to make sure consumers will not be confused. Your trademark is your calling card, do not let anyone use it in a way that dilutes your reputation or capitalizes on the goodwill or value created in that trademark. If you do not have in-house legal counsel consult with an attorney to develop a comprehensive plan to address trademark infringement.

New gTLDs as a Branding Tool for Entrepreneurs

The launch of new gTLDs (generic top-level domains) provide an amazing opportunity for entrepreneurs and small to medium businesses to further brand their business in their domain name. A gTLD is the part of you domain after the “.”.  Having fun with you website domain can help you stand out as you market yourself and establish your brand. Emphasize your company’s mission, expertise, experience, niche, etc through the top-level domain you use. Also if your company name or other domain you sought to register is taken on .com there are new and exciting options! Don’t miss out on companyname.rocks or company name.consulting.

You can register these new top-level domains just like you register a “.com” domain head to goDaddy, Namecheap, Name.com or your favorite registrar. This is something your should consider early in establishing your company. You don’t want to lose out on the perfect domain name.

This is an opportunity to accent your personal brand as well. As you establish your expertise and want to develop a website that showcases your skills you no longer are limited to firstnamelastname.com you can register firstnamelastname.esq, firstnamelastname.photography, or firstnamelastname.guru.  Grab your new domains as soon as they roll out!

Over 175 new domains have been released or delegated to date, with hundreds more on the horizon. You can view the available domains by visiting this page: http://newgtlds.icann.org/en/program-status/delegated-strings . This page lists the delegated domains, which means they are available for registration. This site will be updated as others are available.

Take advantage of this branding opportunity before others catch on!!
Examples of some new gTLDs that can make for a creative domain name:

.guru
.consulting
.cooking
.ventures
.photography
.active 
.expert 
.coach
.lifestyle
.shopping
.bar 
.pub
.events
.buzz
.solutions
.careers
.company
.management
.enterprises
.technology
.holdings
.rocks
 
Visit my older posts for more information on this launch: What do you know about the new top level domains?Will You Be Confused When The New Generic Top Level Domains (gTLDs) Launch?​; &​ Five things you should know as the new gTLDs launch.  And as always ask questions in the comments and share your successes and observations re: new gTLDs!​
 

Five things you should know as the new gTLDs launch

What is a gTLD? gTLD stands for generic top-level domain and is an Internet extension such as “.COM,” “.NET” or “.ORG.” Right now there are a little over two dozen gTLDs, but soon, there could be hundreds. The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the coordination of the global Internet’s systems of unique identifiers and, in particular, ensuring its stable and secure operation. According to ICANN the new gTLD program was developed to increase competition and choice in the domain name space. As the new gTLDs launch and threaten to change the Internet as we know it there are a lot of things you should know but here are five to start. For additional background information about new gTLDs, please visit some of my previous posts “What do you know about the new top level domains?” & “Will You Be Confused When The New Generic Top Level Domains (gTLDs) Launch?”

1. Be careful of services “guaranteeing” to get a domain name for you

Cyrus Namazi, Vice President of DNS Industry Engagement for ICANN, published a blog post today titled “Pre-Reserve a Domain Name, or Not? ICANN Answers the QuestionNamazi warns against services that “guarantee” they’ll get the domain name for you:
 
 
As responsible Registrars are advising, successful pre-registration of a domain cannot be guaranteed. ICANN seconds that advice, cautioning that registrants should be wary of anyone who claims to be able to guarantee a domain registration on a new gTLD. There are several situations that can impact the availability of a domain name and some domain names may never be available for purchase.”
 
 
Namazi points out that competition between registrars for a single domain, domains claimed in sunrise, reserved domains, premium domains, and name collision domains make it impossible to guarantee. He also notes that some TLDs may not even end up being delegated.

 

2. The first non-Latin character new gTLDs were delegated 

What does delegated mean? This means that the gTLDs or strings have successfully completed the new gTLD Program and has officially been selected as a new gTLD that will go live for use. This will be the first time non-Latin characters can be used in a TLD and not just in the second level domain. Click here for more information from ICANN. 

One is شبكة, the Arabic word for “web” or “network”, while another is 游戏, which means “game” in Chinese.The other two – онлайн and сайт – are both Russian words, meaning “online” and “website” respectively

3. First nine LATIN new gTLDs​ were delegated

The first nine new gTLDs delegated last week were:

  • .CAMERA
  • .CLOTHING
  • .EQUIPMENT
  • .GURU
  • .HOLDINGS
  • .LIGHTING
  • .SINGLES
  • .VENTURES
  • .VOYAGE

The “sunrise period” for registration of the first seven gTLDs is “.BIKE,” “.CLOTHING,” “.GURU,” “.HOLDINGS,” “.PLUMBING,” “.SINGLES,” “.VENTURES.” will begin November 26 and general availability to anyone will begin January 29, 2014.  Keep any eye out for new gTLDs as they are delegated. Consider whether you or your company wants to purchase a domain. And monitor the official launch of these new gTLDs starting in January. Monitor how your brand and ineffectual property are being used on this new gTLDs. To keep up with delegated strings click here.

4. The launch of new gTLDs multiplies the size of the Internet and presents increased security and intellectual property infringement risks.

  • Pay attention to the gTLD in the address bar. New gTLDs give malicious actors more platforms to attack the unsuspecting. Pay attention to the address you are trying to get to and make sure all parts of the address are correct.  Also if you search for a website make sure the site that comes up is the legitimate website.
  • Companies must monitor the use of their intellectual property on new gTLDs. Companies should currently have a plan in place to protect their IP investments through motoring, preemptive registrations, the Trademark Clearinghouse and other rights protection mechanisms provided by ICANN. Be proactive!

5. Launch of new gTLDs presents a number of opportunities to market your brand or yourself. This will present business and consumers with a new and unique user experience and online footprint. There will be a lot more room for customization online and opportunities for marketers to be creative with how to reach consumers. I am excited to see the innovative means of reaching the public that are birthed from the new gTLD launch.Please ask any questions you have about new gTLDs, protecting yourself, rights mechanisms, IP protection, security concerns etc. Start the discussion!