Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more

Navigating the “Pentest” World

The demand for penetration testing and security assessment services worldwide has been growing year-on-year. Driven largely by Governance, Risk, and Compliance (GRC) concerns, plus an evolving pressure to be observed taking information security and customer privacy seriously, most CIO/CSO/CISO's can expect to conduct regular "pentests" as a means of validating their organizations or product's security. more

What’s the Impact of Cloud Computing on the Environment?

Post-Thanksgiving is a time of reflection where we are thankful for technological improvements that allow us to succeed. Every-so-often, technology comes along that not only improves our business but can also help the world. Cloud computing is such a technology. Transitioning to the cloud is a good choice for just about any business, for several reasons. Cloud applications offer scalability, performance, cost-effectiveness and easy mobile access. more

Data Breaches and You: ISOC Global Internet Report 2016 Explains Critical Steps You Need to Take Now

Data breaches are the oil spills of the digital economy. Over 429 million people were affected by reported data breaches in 2015 -- and that number is certain to grow even higher in 2016. These large-scale data breaches along with uncertainties about the use of our data, cybercrime, surveillance and other online threats are eroding trust on the Internet. more

How Can We Improve for ICANN 58?

Hyderabad set a new record in terms of attendance with a total of 3,141 participants registered and 1,400 attendees identified as 'locals' from the region. It was also, theoretically at least, one of the longest ICANN meetings with seven days baked into the schedule. Unfortunately, the development of the schedule itself was the source of much community criticism throughout the meeting, resulting in a chunk of time devoted to the topic during the second Public Forum. more

UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... more

Don’t Fall for This Domain Name ‘Expiration’ Scam

If, like me and my clients, you ever receive an email about a domain name expiration, proceed with great suspicion -- because many of these "notices" are a sham. They're designed to sell you services you don't need or to trick you into transferring your domain name to another registrar. Usually, the emails can safely be ignored. Here's an example: As shown, an important-looking email from "Domain Service" refers to a specific domain name in the subject line. more

A Real-Names Domain Registration Policy Would Discourage Political Lying

I've discussed the role of the Internet in creating and propagating lies in a previous post, noting that Donald Trump lied more frequently than Hillary Clinton or Bernie Sanders during the campaign. Now let's look at fake news like the claim that Pope Francis had endorsed Trump. The fake post features the following image and includes a "statement" by the Pope in which he explains his decision. more

How Bubbles Decide Elections

The victory of Trump left the world perplexed, it did not take long to appear texts blaming Facebook and its bubble for the unexpected result. The "bubble", a theme that circulated more for the academic and technical spheres gained an unusual popularity in the last days, never saw so many texts on the subject published in such a short space of time, and in the recognized spaces of global journalism. more

The Sharing Economy and Sec. 230(c) of the Communications Decency Act

The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is the clash between Airbnb and local jurisdictions. San Francisco implemented a local ordinance that permits short-term rentals on the condition that the rental property is registered. In order to register the property, the resident must provide proof of liability insurance... more