Law

Should “Fake” Oakley Websites Be Insulated From UDRP Law?

Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark.

Cost-Effectiveness: The Prerequisite for Cybersecurity Regulation

Cybersecurity regulation is coming. Whether regulations intended to enhance critical infrastructure protection will be based on existing statutory authority, new legislation, an Executive Order or a combination of legal authorities, however, is still unknown. Other aspects of the coming federal oversight of critical infrastructure cybersecurity that remain undetermined include the extent to which governance system will include voluntary characteristics and the time frame for initiation of new cybersecurity regulation.

Proposed Changes to Australia’s Data Retention Laws Likely to Be Costly

Australians may lose their right to privacy online if the attorney-general has her way. Nicola Roxon's discussion paper is before a parliamentary inquiry. Proposals include storing the social media and other online and telecommunications data of Australians for two years, under a major overhaul of Australia's surveillance laws. The government passed a toned down version of these proposals last week, giving police the power to force telcos to store data on customers for a specific period while a warrant is sought.

Problems With Defining Jurisdiction on the Internet

The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country.

Privatizing the ITU-T: Back to the Future

The awkwardly named International Telecommunication Union Telecommunication Standardization Sector (ITU-T) by any measure is a highly unusual body. It is the only global intergovernmental organization where Nation States produce detailed technical standards for telecommunications. Even more amazing is that it produces these standards for a field that is so dynamic and globally competitive as telecommunications. What is not well known is that the ITU-T was once a private standards body...

Pay Me Now or Pay Me Later - A TMCH Story

As an industry insider and technologist, it's always tempting when discussing something new, such as the Trademark Clearinghouse (TMCH), to jump into the gritty details to try solving problems. However, in this case, we would be jumping a step ahead because it's fair to say most of the general community is not well informed about the current implementation challenges around the TMCH.

IP Addresses and Privacy Sensitive Data - A Level Playing Field Needed

Reading Peter Olthoorn's book on Google (a link is found here), I ran into a passage on IP addresses. Where Google states that it does not see an IP address as privacy sensitive. An IP address could be used by more than one person, it claims. The Article 29 Working Party, the EU privacy commissioners, states that it is privacy sensitive as a unique identifier of a private person. It got me wondering whether it is this simple. Here is a blog post meant to give some food for thought and debate. I invite you to think about the question 'how private is an IP address'?

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture.

Public Private Cooperation: The Zeus Take Down Example

Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the accusation that Microsoft obstructs criminal proceedings... On top of all this EU Commissioner Cecilia Malmström announced that cooperation between law enforcement and industry will be forged in the European Cyber Crime Centre as of 2013. Coincidences do not exist. Why?