Articolo del garante Nexa, prof. David Post. juan carlos *IP JUSTICE JOURNAL: Internet Infrastructure and IP Censorship by David Post* *Internet Infrastructure & IP Censorship** * By David G. Post – August 1, 2015 Full Article as .PDF Many scholars and other observers of developments in Internet governance, law, and policy have commented upon an unusual and important phenomenon that has become more widespread in recent years: using control over access to critical portions of the Internet’s technical infrastructure – the system comprising the underlying protocols for routing, naming, and addressing, along with related technical standards and the agreements, formal and informal, through which they are implemented across the Internet, what Laura DeNardis calls “Critical Internet Resources” (CIRs)[2] – to enforce private and public law. Three examples illustrate the nature of this new phenomenon. 1. The UDRP In the realm of private law and the enforcement of private rights, the paradigmatic illustration is ICANN’s[3] Uniform Dispute Resolution Procedure (UDRP).[4] The UDRP is an ICANN-operated mandatory arbitration process that deals with “cyber-squatting,” i.e., the practice of registering domain names that mirror (or closely resemble) existing trademarks, for the purpose of re-selling the domain name to the trademark owner. The UDRP allows a trademark holder to submit a cyber-squatting complaint to an ICANN-accredited arbitrator, who is charged with applying ICANN’s substantive rules[5] for determining whether the cyber-squatting offense has been committed. […] Continua qui: http://www.ipjustice.org/digital-rights/internet-infrastructure-and-ip-censo...