CAN-SPAM Defendant Awarded $111k in Fees/Costs: Gordon v. Virtumundo

I believe this ruling represents the first time that a CAN-SPAM plaintiff has been ordered to pay attorneys' fees and costs to a defendant. As a result, it's a leading example that courts can and do grow tired of bogus anti-marketing lawsuits, and perhaps it will serve as an expensive warning to CAN-SPAM plaintiffs to ensure the merits of their lawsuit. Gordon is an uber anti-spam plaintiff, leading countless CAN-SPAM lawsuits. As the court describes, Gordon runs a "spam business"--basically, a for-profit plaintiff litigation shop to go after spammers (the court also calls it a "litigation factory")... more

Curbing Cyber- and Typosquatting

We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more

A Primer on IPv4, IPv6 and Transition

There is something badly broken in today's Internet. At first blush that may sound like a contradiction in terms. After all, the Internet is a modern day technical marvel. In just a couple of decades the Internet has not only transformed the global communications sector, but its reach has extended far further into our society, and it has fundamentally changed the way we do business, the nature of entertainment, the way we buy and sell, and even the structures of government and their engagement with citizens. In many ways the Internet has had a transformative effect on our society that is similar in scale and scope to that of the industrial revolution in the 19th century. How could it possibly be that this prodigious technology of the Internet is "badly broken?" more

OpenAI Buys Chat.com, Redirected to ChatGPT

OpenAI has acquired Chat.com, a domain name previously purchased for $15.5 million by HubSpot's co-founder Dharmesh Shah. Initially registered in 1996, the domain saw significant investment due to its prime fit with the rapidly growing AI chatbot sector, especially as tools like ChatGPT gain mainstream attention. more

Personal Names, Politics and Cybersquatting

Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more

Did ICANN Over Regulate VeriSign?

CircleID recently interviewed Jonathan Weinberg, Professor of Law at Wayne State University to discuss legal and regulatory issues that have been raised against Internet Corporation For Assigned Names and Numbers (ICANN). VeriSign, the registry operator of the two most popular top-level domains .com and .net, filed a lawsuit against ICANN on February 26, 2004 complaining that the Internet regulatory body has extended "its authority beyond the scope of its contracts". Did ICANN cross its contractual boundaries? To what extent does ICANN's contract limit its technical coordination functions and how much of a threat does VeriSign's lawsuit impose? Jonathan Weinberg explains... more

Exploring the Roots of Wireless Spectrum Controversy (eComm Panel)

Earlier this month, I had the opportunity to attend the The Emerging Communications (eComm) 2009 conference in San Francisco which was packed with 3 days of fascinating conversations about the future of communications. I absolutely enjoyed talking to various speakers and attendees giving me a deep level of appreciation and perspective on technical, commercial and political issues at hand -- and what is likely to come in the next few years. And speaking of politics, Lee Dryburgh, who founded eComm in early 2008, has generously allowed us to share with you a fascinating panel discussion which took place on day 3 of the conference called "Spectrum 2.0 - What's really happening?" more

Internet Traffic Growth Rate Falling by Half in U.S. According to Cisco VNI

In 2014, Cisco estimates Internet traffic growth in the U.S. will be less than 18%, far less than most previous estimates. Worldwide, they measure the current rate at 42% and expect that to fall to 30% in four years. Actual numbers at Cisco Visual Networking Index (VNI) is the definitive source on Internet traffic today because they have direct relationships with carriers from China Telecom to AT&T. Their future estimates are the most carefully done publicly available. more

Who Runs the Internet? ICANN Attempts to Clarify the Answer With This Map

ICANN has released a "living" graphic aimed to provide a high-level view of how the internet is run attuned for those less familiar with the inner workings of the internet infrastructure ecosystem. more

New gTLDs Show Promising SEO Performance

With the arrival of hundreds of new generic top-level domains (gTLDs), many marketers are excited that they can now get a web address that best describes their business or brand. For instance, a company in the organic business can now get a web address on .ORGANIC, or a brand that's all about passion and excitement can now get on .RED, etc. At the same time, many are also asking some important SEO related questions. more

Government of India Gives the Go-Ahead for 5G Technology and Spectrum Trials, Avoids Chinese Firms

The Department of Telecommunications (DoT), Government of India, approved permissions today to Telecom Service Providers (TSPs) for conducting trials for use and applications of 5G technology. more

GDPR Didn’t Affect Spam? Not So Fast

I have recently become aware of a blog post from Recorded Future that attempts to analyze the effects of the GDPR on online security. Unfortunately, it starts by asking an irrelevant question and then goes on to use irrelevant metrics to come to a meaningless answer. The premise of Recorded Future's article - that spammers would send more spam and register more domains because GDPR came into effect - tells us nothing useful about how GDPR affects anything. It's the wrong question... more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

Domain Name Dispute Puts Dot-Ca in the Spotlight

My weekly Law Bytes column (freely available hyperlinked version, Toronto Star version) focuses on the recent Canadian parliamentary discussion on domain name disputes. As discussed about ten days ago, the impetus for governmental interest in domain name disputes and Internet governance is the registration of several domain names bearing the names of sitting Members of Parliament by the Defend Marriage Coalition, an opponent of same-sex marriage legislation. The resulting websites, which include donboudria.ca and davidmcguinty.ca, include MP contact information, photos, and advocacy materials. more

Sponsored TLD Unnecessary? Ron Andruff Responds to Forrester Research

A recent report released by Forrester Research last week has put the .travel sponsored top-level domain under the microscope -- calling the sTLD "Nice, But Not Necessary". Although this 4-page report (sold for US$49.00) has singled out the .travel domain, its critical arguments might very well apply to the nature of most sponsored top-level domains currently in existence -- or under review: '.mobi', '.jobs', '.museum', '.coop', '.xxx' and others. CircleID has invited Ron Andruff, President and CEO of Tralliance, the registry for .travel, to respond to arguments made in this report. more