Law

Malware and Search Warrant

A recent decision from a federal district court addresses an issue I hadn't seen before: whether searching malware on the suspect's computer was outside the scope of the search warrant issued for that computer. It seems a narrow issue, and unfortunately the opinion issued in the case doesn't tell us a whole lot about what happened; but I thought the issue was worth writing about, if only to note that it arose. more

Reverse Domain Name Hijacking Found Where Complainant’s Rights Were of Narrow Geographic Scope

Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more

Trademark Holder Not Entitled to Domain Name Registered Years Before

Startups in the process of selecting a company or product name are often frustrated to see that someone else, years ago, registered the .com version of their newly thought-of name. Similarly, companies that have acquired a trademark registration wonder whether they can use their crisp new registration certificate to stomp out someone else who has been using a domain name similar to the company's new mark. A recent case arising under the UDRP shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner. more

Why Aren’t There More Spam Lawsuits?

The CAN SPAM act has been in place for five and a half years. Compatible state laws have been in place nearly as long. Anti-spam laws in the EU, Australia, and New Zealand were enacted years ago. But the number of significant anti-spam lawsuits is so small that individual bloggers can easily keep track of them. Considering that several billion spams a day are sent to people's inboxes, where are all the anti-spam lawsuits? more

Say No to WIPO’s Proposal to Amend the PDDRP to Create New Law

A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more

When Registrars Look the Other Way, Drug-Dealers Get Paid

Since November of last year we have been discussing the problem of illicit and illegal online pharmacy support by ICANN-accredited Registrars. In several articles and direct contact with the Registrars we have tirelessly tried to convey the seriousness of this problem, many listened, some did not... With the background information already known, the case presented here is much more specific and concerns EvaPharmacy, which was until recently, the world's largest online criminal pharmacy network. more

NAF Panelists and Complainants Caught Systematically Copying/Pasting Nonsense Into UDRP Decisions

In a recent article at DomainNameWire.com, CitizenHawk was called out by a National Arbitration Forum (NAF) panelist for the submission of automated complaints which contained complete nonsense. Through the discussion in the comments to that article, the community discovered that the problem is far deeper. It turns out that UDRP panelists at NAF have been churning out boilerplate cut/paste decisions of their own, with utter nonsense of their own, and that this has been going on for years. more

CallService.biz Shut Down by the FBI

Gary Warner over at Cyber Crime and Doing Time has a good post up this week about the CallService.biz website being shut down. I have posted a few good excerpts and added my comments to the end. ... Warner's take on the world of spam, malware, hacking and phishing is that unless people actually go to jail because they are spamming, the problem of spamming will never get better. That's because when the security industry fixes the latest hole or comes up with a new technology to stop the newest threat, spammers simply move onto another. more

Spammer Convicted on Wire Fraud Charges - United States v. Diamreyan

Earlier this year Okpako Mike Diamreyan was found guilty of wire fraud. The district court recently denied his motion for judgment of acquittal. Diamreyan "was charged with devising a scheme to defraud known as an 'advance fee.'" As the court describes it, this is a "scam . . . where a person asks an individual to pay an advance fee in order to obtain a larger sum of money, which the individual [victim] never receives." ... Two things about the case struck me... more

Another Spam Case Lost in Washington, or Gordon Strikes Again

Bennett Haselton, who runs the Peacefire anti-censorship site, is one of the more successful anti-spam litigants. He says he's filed about 140 suits, mostly in small claims court, and has won the majority of the suits that got far enough to be decided on the merits. But last month, in Federal court in Seattle, he lost a suit against Quicken Loans that he should have won, partly because of his own mistakes, but largely because of the pernicious effect of Gordon vs. Virtumundo. more