Enabling Privacy Is Not Harmful
The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that...
View ArticleConfusing Similarity of Domain Names is Only a 'Standing Requirement' Under...
WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing...
View ArticleGoogle Can, at Least for Now, Disregard Canadian Court Order Requiring...
U.S. federal court issues preliminary injunction, holding that enforcement of Canadian order requiring Google to remove search results would run afoul of the Communications Decency Act (at 47 U.S.C....
View ArticleTwitter Worker Who Disabled Trump Account Likely Violated Computer Fraud and...
A prominent attorney for cybersecurity issues says the unnamed Twitter worker who deactivated President Trump's Twitter account not to say anything and get a lawyer. Joe Uchill reporting in The Hill:...
View ArticleApple (Not Surprisingly) is Not a Cybersquatter
It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain...
View ArticleCourt Finds Anti-Malware Provider Immune Under CDA for Calling Competitor's...
Plaintiff anti-malware software provider sued defendant — who also provides software that protects internet users from malware, adware etc. — bringing claims for false advertising under the Section...
View ArticleDomain Name Disputes Deja Vu: Panavision.com and Panavision.org
History, it has been said, repeats itself. The same can be said of domain name disputes, as demonstrated by a pair of cases involving the same trademark ("Panavision") filed more than 20 years apart...
View ArticleInternet Regulation in the Age of Hyper-Giants
As we enter the seventh round of the net neutrality fight, advocates continue to make the same argument they've offered since 2002: infrastructure companies will do massive harm to little guys unless...
View Article2017 Domain Name Year in Review
Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This...
View ArticleEliminating Access to WHOIS - Bad for All Stakeholders
Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over...
View Article"Restoring" Internet Freedom for Whom?
Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made...
View ArticleA Digital 'Red Cross'
A look into the past reveals that continuous developments in weaponry technology have been the reason for arms control conventions and bans. The banning of the crossbow by Pope Urban II in 1096,...
View ArticleWhy UDRP Panelists Must Follow the Policy: A Look at the Devex.org Decision
Observers of the UDRP are aware that ICANN has substantially abrogated responsibility for oversight of the UDRP. ICANN accredits dispute resolution providers (DRPs) without requiring a contract so that...
View ArticleSo, You Claim to Have an Unregistered Mark! Is there Cybersquatting?
Complainants have standing to proceed with a claim of cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) if the accused "domain name is identical or confusingly similar to a...
View ArticleAnother Registrant Loses UDRP Where Trademark 'Spans the Dot'
Here's another example of a domain name dispute where the top-level domain (TLD) was essential to the outcome of the case — because it formed a part of the complainant's trademark: <mr.green>. In...
View ArticleISPs in UK Legally Obliged to Provide High-Speed Broadband Upon Request,...
UK Government says internet providers will be legally required to meet user requests for speeds of at least 10Mbps starting in 2020. Jessica Elgot reporting in the Guardian: "British homes and...
View ArticleThe Emergence of Consensus in the UDRP
The modus operandi of the Internet Corporation for Assigned Names and Numbers (ICANN) is achieving consensus. This also holds true for the principal rights protection mechanism that emerged from a...
View ArticleThe UDRP and Judicial Review
The courts of the United Kingdom have set themselves outside the mainstream of Internet consensus policies on trademark/domain name disputes. A U.K. court decision regarding the UDRP reflects an...
View ArticleDomain Name Disputes Break Two Records in 2017
The year 2017 turned out to be a record-setting year for domain name disputes, in two ways: The number of complaints filed as well as the total number of domain names in those complaints. Specifically:...
View ArticleCircleID's Top 10 Posts of 2017
It is once again time for our annual review of posts that received the most attention on CircleID during the past year. Congratulations to all the 2017 participants for sharing their thoughts and...
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