CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. more
Blockchain domain names, domains that are stored on blockchain or cryptocurrency exchanges, are part of a growing, unregulated, and decentralized internet. Right now, blockchain domains are used mostly by cryptocurrency users, but they are growing in popularity - the Ethereum name service reported over 2.2 million .eth domain name registrations in 2022. At the same time, crypto scams are also exploding, reaching a total of $3.5 billion in losses in 2022. more
The EU is reforming its legal framework concerning geographical indications (GI) protection and has put forward provisions expanding GI protection to domain names in two recent legislative proposals concerning agricultural products and craft/industrial products. In order to support greater GI protection on the internet, both proposals mandate the European Union Intellectual Property Office (EUIPO) to establish a "domain name information and alert system." more
How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more
Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model. more
Casey Lide and Thomas B. Magee of Keller & Heckman highlight an issue that anybody building fiber on utility poles should be aware of. A recent article on their website notes that in some cases, an easement obtained for using private land to bring electric service might not automatically allow an easement for bringing fiber. more
In the early days of Online Brand Protection (OBP), before it was commonly understood how damaging to revenue infringements could be, this was an extremely popular topic. I remember delivering webinars on the subject then and even running a couple of half-day in-person workshops for brand owners at major conferences. more
Today, for the 500th time, an expert panel under the Uniform Domain Name Dispute Resolution Policy or "UDRP", issued a decision finding a Complainant guilty of Reverse Domain Name Hijacking or "RDNH". RDNH is an attempt to egregiously misuse the UDRP to unjustly seize a domain name from its lawful owner... To-date, the UDRP has adjudicated over 80,000 domain name disputes. The vast majority of them result in the transfer of a cybersquatted domain name to the rightful trademark owner. more
Quantum computers are coming, and the American Bar Association's SciTech section is beginning to consider the legal implications. This raises the question, will the legal profession be able to adopt emerging quantum technologies on a tech-business as a usual basis? Or will the developments flowing from quantum mechanical theory present a categorical challenge to the legal-industrial complex? more
The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more
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