I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
Sometime by year-end, the UN General Assembly (UNGA) will vote on the proposed UN Convention Against Cybercrime. The treaty is opposed by most civil liberties organizations and Internet businesses, although the US position appears uncertain, mostly for reasons of foreign policy. more
Question: why has air travel become so painful? Because the threat posed by bad actors requires making everyone jump through hoops before letting them board a plane. To the point that, despite obvious requirements to ensure air safety, some are now openly questioning if the cure is not worse than the disease. Registering a domain name could be about to go the same way. more
Implementation of European Union's General Data Protection Regulation, or GDPR, is a major concern of our government, said David Redl during a meeting held on Thursday in Washington DC. more
With cybercrime on the rise, companies in 2021 have experienced increased ransomware attacks, business email compromise (BEC), phishing attacks, supply chain attacks, and online brand and trademark abuse. While domain cyber risk is rising, the level of action being taken by Forbes Global 2000 companies to improve their domain security posture has remained unchanged, leaving these companies exposed to even more risk. The risk of not addressing your domain security can be catastrophic. more
One year ago, in late 2017, much of the policy debate in the telecommunications sector was raised to a fever pitch over the vexed on-again off-again question of Net Neutrality in the United States. It seemed as it the process of determination of national communications policy had become a spectator sport, replete with commentators who lauded our champions and demonized their opponents. more
News broke this week about an attack in Puerto Rico that caused the local websites of Google, Microsoft, Yahoo, Coca-Cola, PayPal, Nike, Dell and Nokia to be redirected for a few hours to a phony website. The website was all black except for a taunting message from the computer hacker responsible for the attack... more
David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. 'Mr. Ferris' registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker brought a UDRP. Although 'Mr. Ferris' (as he is identified in the decision) did not seem (to me) that he could establish a bona fide intent to use the name in conenction with an offering of goods or services, and altohugh there seemed to be plausible evidence of bad faith, the UDRP was denied... more
A large scale ransomware attack today is spreading rapidly worldwide, shutting down computers at corporates, power supplies, and banks across Russia, Ukraine, Spain, France, UK, India, and Europe and demanding $300 in bitcoins. more
New research has uncovered evidence of spammers establishing their own fake URL-shortening services for the first time. According to the latest MessageLabs Intelligence report, shortened links created on these fake URL-shortening sites are not included directly in spam messages; instead, the spam emails contain shortened URLs created on legitimate URL-shortening sites. "Rather than leading directly to the spammer's final Web site, these links actually point to a shortened URL on the spammer's fake URL-shortening Web site, which in turn redirects to the spammer's final Web site." more
IT security strategies invariably focus on maintaining impenetrable fortresses around computers and network systems. Firewalls, virtual private networks and anti-virus programs are the tools IT engineers use to create their digital security. Sophisticated defense systems can be very effective at keeping the obvious attackers at bay, yet they often create a false sense of security because the real attacks, the kind that inflict irreparable damage on a system or network, avoid the obvious routes into the secure fortress. more
Internet Governance, like all governance, needs guiding principles from which policy making, and acceptable behavior, are derived. Identifying the fundamental principles to guide Internet ecosystem policy making around digital citizenship, and around the integrity of digital practices and behavior, can and should start with the Universal Declaration of Human Rights, (UDHR). more
According to a press release by the Openbaar Ministerie (the Public Prosecution Office), a dutch man with the initials SK has been arrested in Spain for the DDoS attacks on Spamhaus. more