The Worrying Prospects for Digital Trade Under President Trump
US leadership and influence online stems from US innovation and corporate risk-taking. But it also is the direct result of US Government policy. In the early days of the web and e-commerce, the Clinton...
View ArticleA Template for Adequacy: EU Pitches for Data Protection Gold Standard
Largely unnoticed by technology and Brussels wonks, the European Commission's Communication on adequacy for international data flows was released in early January. The primary aim of this document is...
View ArticleLos Angeles Court Rejects Demand for Preliminary Injunction Preventing ICANN...
"A Los Angeles court has rejected a demand for a preliminary injunction preventing ICANN delegating .africa, meaning the new gTLD can go live soon." Kevin Murphy reporting Domain Incite: "Judge Howard...
View ArticleHow to Suspend a .US Domain Name
Although rarely used, the usTLD Rapid Suspension Dispute Policy (usRS) allows a trademark owner to seek the suspension of a domain name in the .us country-code top-level domain (ccTLD). The usRS has...
View ArticleNarcotics Traffic Is Not Part of a Healthy Domain System
A stack contrast is emerging within the DNS between providers who tolerate blatantly illegal domain use and those who do not. Our study, just published here focuses on five U.S.-based providers, their...
View ArticleThoughts on the Proposed Copyright Alternative Dispute Resolution Policy
A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement — but the idea is, like other efforts to protect intellectual property...
View ArticleTiming Is All: Cybersquatting or Mark Owner Overreaching?
Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting...
View ArticleWhen Two Trademarks Aren't Confusingly Similar to One Trademark
As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without...
View ArticleDiversity of View or Unacceptable Inconsistency in the Application of UDRP Law
The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of...
View ArticleICANN Drifting Toward Online Content Regulation, Says Law Professor
In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual...
View ArticleNew Cybersecurity Regulations in New York Go Into Effect
Major financial firms operating in New York will face stiff cybersecurity obligations starting Wednesday under a new regulation introduced in the city. Out-Law.com reports: "The new regulation (14-page...
View ArticleNotice, Takedown, Borders, and Scale
I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy...
View ArticleHealthy Domains Revisited: The Pharmaceutical Industry
Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both...
View ArticleLarge Companies (Un?)knowingly Hire Spammers
This morning, CSO and MacKeeper published joint articles on a massive data leak from a marketing company. This company, River City Media (RCM), failed to put a password on their online backups...
View ArticleEarly Disclosure of UDRP Complaints
Under the previous rules for the Uniform Domain Name Dispute Resolution Policy (UDRP), domain name registrants that had a complaint filed against them were supposed to be notified of the complaint by...
View ArticleICANN Complaint System Easily Gamed
ICANN's WDPRS system has been defeated. The system is intended to remove or correct fraudulently registered domains, but it does not work anymore. Yesterday I submitted a memo to the leadership of the...
View ArticleSanctionable Conduct for Abusing the UDRP Process
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut...
View ArticleHow Long Does a UDRP Case Take?
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various...
View ArticleIs Call Forwarding an "Information Service" and Why It Matters for FTC...
Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd, et al,...
View ArticleOwner of .Feedback in Breach of Registry Agreement, Rules ICANN
The Internet Corporation for Assigned Names and Numbers (ICANN) has ruled that .feedback owner Top Level Spectrum (TLS) is in breach of its registry agreement. Barney Dixon reporting in IPPro The...
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