Law

Yet Another Unfortunate CAN SPAM Case

The case Melaleuca v. Hansen has been moving slowly through Idaho federal court since 2007. On Sept 30 the court decided in favor of the defendants. Although the outcome is probably correct, the court's decision perpetuates the misreading of CAN SPAM from the infamous Gordon case that makes it in practice impossible to win a CAN SPAM case in the 9th Circuit.

How Not to Get Your Mail Delivered

A small company in suburban Philadelphia called Holomaxx recently filed two lawsuits against large webmail providers, complaining that they weren't delivering mail from Holomaxx. The first suit is against Microsoft and Return Path, and the second suit is against Yahoo and Cisco/Ironport. Neither is going anywhere.

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see.

Kidnapping, Theft and Rape Are Not “Cyber” Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity.

Global Spam Levels Drop Following Certain Events

If you haven't noticed lately, spam levels around the world have started dropping especially in October after a couple of events occurred. The first is a Russian crackdown on alleged spam king Igor Gusev, thought to be involved in the operations of SpamIt.com. SpamIt mysteriously shut down in late September, perhaps because Gusev caught wind of law enforcement starting to take notice of him.

A Tempest in a Libyan Teapot

The .LY domain is Libya, and their government recently cancelled the registration of the short and snappy VB.LY, provoking great gnashing of teeth. If you direct your attention to the address bar above this page, you'll note that it's at JL.LY, equally short and snappy. The .LY registry started allowing two letter second-level domains last year, and there was a quiet land rush. Now they restrict those domains to people actually in Libya, but say they'll let us keep the ones we have. How concerned am I that they'll take my domain away, too?

Google Cracks Down on Illegal Online Pharmacies

Announced on the Google Blog last week, the search engine giant has filed a federal lawsuit against a group of rogue pharmacies in an effort to stop them from advertising on its search engine and websites. Michael Zwibelman, the company's litigation counsel, notes that the advertisers have deliberately "violated policies and circumvented technological measures" by using Adwords to promote pharmacy and prescription-drug operations without verification from the National Association of Boards of Pharmacy.

Policy Failure Enables Mass Malware: Part II (ICANN and OnlineNIC)

On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC

Nothing to See Here

Three parallel events in US communications policy today, all reported on widely - but with a common thread. ... Law enforcement and national security officials want to make sure that they have the same ability to execute warrants and surveillance orders online that they had in the switched-telephone-circuit age -- which will mean substantial government design mandates for new software, hardware, and communications facilities.

Domain Name Owner Gets Swift Relief Against Impostor Website

In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name. In a sense, the domain name itself is the defendant. The Anticybersquatting Consumer Protection Act (which is a part of the federal trademark statute dealing with the unauthorized registration of domain names) says that a court can enter ex parte orders requiring a domain name to be turned over when...