UK's Proposed Spy Law Can Force Apple to Bypass Security, Plus a Gag Order
The newly proposed British spying law, the Investigatory Powers Bill (IPB), is reported to include methods that would permit the British government to order companies like Apple to re-engineer their...
View ArticleApple vs FBI: Apple and Others to Argue on the Hill
Tomorrow afternoon at 1pm EST Apple will be giving testimony to the House Judiciary Committee. The session that Apple and others will be taking part in is aptly named, The Encryption Tightrope:...
View ArticleThree Reasons Why Apple Didn't Have to Unlock a Phone
The US government is demanding Apple unlock iPhones in about a dozen cases beside the San Bernardino one. In a strikingly similar case, Judge James Orenstein in Brooklyn rejected the government's...
View ArticleOverreaching Trademark Owners and the Misguided Better Right Theory of Domain...
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of...
View ArticleProving and Rebutting Respondent Lacks Rights or Legitimate Interests in...
Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or...
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What is the Intellectual Property Constituency (IPC)?
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before)....
View ArticleRegistering and Monetizing Personal Names
At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other...
View ArticleThe Second Machine Age Calls for Vision and Leadership
This post I've been pondering on for a long time, but never found the right angle and perhaps I still haven't. Basically I have these observations, thoughts, ideas and a truckload of questions. Where...
View ArticleTransfers of Domain Names Contemporaneous with Complaint: Cyberflight?
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the Internet Corporation...
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China's MIIT Clarifies New Domain Name Regulations, Allays Concerns Over...
Co-authored by Matt Johnson, Kurt Pritz and Simon Cousins. • A recent clarification to draft domain name regulations by China's Ministry of Industry and Information Technology (MIIT) indicates greater...
View ArticleGovernment-Industry Collaboration Is Better than Developing a Surveillance State
President Obama, in March 2016, again stressed the need for better collaboration between the tech industry and the government. He referred to his own White House initiative — this has resulted in the...
View ArticleRunning the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and...
The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a...
View ArticleWhite House Taking Hands-Off Approach to Encryption Bill Debate
The White House will not publicly support a controversial bill that would give law enforcement guaranteed access to encrypted data, according to reports. "The measure from Sens. Richard Burr (R-N.C.)...
View ArticleProblems With the Burr-Feinstein Bill
What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside — I and my co-authors have written on those before — this bill has many other disturbing features....
View ArticleU.S. Congressional Trademark Caucus Haggles Over Price
It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level...
View ArticleNo Barrier to Reading Across the Dot with New TLDs and Trademark Infringements
Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the...
View ArticleUS Court Grants DCA Trust's Motion for Preliminary Injunction on .Africa gTLD
A United States District Court, Central District of California - Western Division ruling has granted a Preliminary Injunction for DotConnectAfrica, the decision for DotConnectAfrica Trust v. Internet...
View ArticleH.R. 2666 Bill Proposes Deregulating U.S. Broadband Rates, Obama Threatens to...
President Obama has threatened to veto a backdoor attempt by a Republican-backed bill that would undermine net neutrality protection measures. The "No Rate Regulation of Broadband Internet Access Act",...
View ArticleICANN Fails Consumers (Again)
In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response...
View ArticleQuintessential and Other Acts of Bad Faith in Acquiring Domain Names
There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural...
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