Jonathan Zittrain's recent book, The Future of the Internet -- And How to Stop It, has spurred a lot of discussion both online and offline, with blog posts lauding his insights or criticising his over-apocalyptic imagination. The book itself makes fascinating reading for those who have watched the network grow from its roots in the research community into today's global channel for communications, commerce and cultural expression... One of the reasons that Zittrain puts forward for the growing popularity of closed or, as he prefers 'tethered', devices, is that they are less vulnerable to hacking, security flaws, malware and all the other perils that face any internet-enabled system. more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more
Once again I find myself thinking about the nature of the asymmetric warfare threat posed by politically motivated DDoS (Estonia in 07, Korea in 02, and now China vs. CNN in 08). I keep thinking about it in terms of asymmetric warfare, a class of warfare where one side is a traditional, centrally managed military with superior uniformed numbers, weaponry, and skill. On the other we have smaller numbers, usually untrained fighters with meager weapons, and usually a smaller force. Historical examples include the North Vietnamese in the 20th century and even the American Revolution in the 18th century. Clearly this can be an effective strategy for a band of irregulars... more
Following a post on the DomainState forum today, a number news and blogs have criticized Network Solutions for front running domain names that customers try to register. (See for instance today's report on DomainNameNews). Jonathon Nevett, Vice President of Policy at Network Solutions, has offered the following in response to the news break... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
Typosquatting's negative effect on the surfing experience can be easily eliminated, and in a way that allows all parties to make money. What's called for is an affiliate program. You would not be happy if you typed a domain name into your browser and wound up in nowhere land because of a simple misspelling. That's the negative surfing effect of typosquatting... more
The number "5" license plate sold for $6.8 million dollars in Saudi Arabia and another 300 vanity plates sold for another $56 million at last week's auction. It is estimated that the number "1" will be auctioned next month for up to $20 million dollars. Domain names and license plates share some common characteristics. Both allow only one person to own a particular word or number. Of course, the exact same license plate 'word' or 'number' can be registered in every country and, in the USA, every state... more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more
Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. 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
Bob Marley's Wailers, who eventually became known simply as the "Wailers" after Bob Marley's death, successfully argued for dismissal of this cybersquatting and trademark infringement lawsuit brought by band members of another Wailers musical group who started using the band name 10 years before Bob Marley named his group in 1969... more
The defendants in Dell's domain tasting suit responded last Friday. It looks like a pretty feeble response to me. Their main argument is that they're just the registrar, and deny Dell's claim that the registrants are fakes made up by the registrar. They also argue that they're not infringing, they didn't use the names in question in commerce, they were just acting as helpful search engines, you know, like Google or Yahoo. (The comparison to Google and Yahoo is theirs.) more
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