Law

Big Brands Shooting Themselves In The Foot?

One of the topics that keeps coming up in ICANN policy discussions and as part of the new TLD application process is "transparency". ICANN, and the internet community in general, has had plenty of issues in the past with "bad actors" who have caused a lot of issues for everyone (think of many of the registrars who have lost accreditation in the last couple of years for example). On more than one conference call or policy discussion the issue of a company or a person's track record has come up. more

Comcast and e360 Settle Lawsuit

e360 initially filed suit against Comcast early in 2008. They asserted a number of things, including that Comcast was fraudulently returning "user unknown" notices and that they were certified by ReturnPath. Comcast filed a countersuit alleging violations of CAN SPAM, violations of the computer fraud and abuse act, as well as a number of other things including abuse of process. In April of 2008 the judge ruled in favor of Comcast and dismissed e360's case, while allowing the countersuit to proceed. more

10 Noteworthy Cyberlaw Developments of 2009

While I like John Ottaviani's perspectives on 2009's top Cyberlaw developments a lot, I independently developed my own top 10 list that has a different emphasis. You might enjoy the contrasts. My list... more

Virtual Banishment and the First Amendment: Estavillo v. Sony Computer Entertainment of America

I saw this case in the excellent National Association of Attorneys General publication Cyber Crime e-newsletter. Many of us host or sponsor online communities of one form or another. On occasion, this means we must engage in moderation of the discourse in that community, and, as chance may arise, on occasion, we must give some chap the boot from the community for violating the AUP or the TOS. Inevitable, the booted chap screams "First Amendment Violation," to which we must respond, "The First Amendment restrains government actors -- we are not government actors." more

How Not to Develop Public Policy

Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. more

Internet Drug Traffic, Service Providers and Intellectual Property

You could call this Part Three in our series on Illicit Internet Pharmacy. Part One being What's Driving Spam and Domain Fraud? Illicit Drug Traffic, Part Two being Online Drug Traffic and Registrar Policy. There are a few facts I'd like to list briefly so everyone is up to speed. The largest chunk of online abuse at this time is related to illicit international drug traffic, mostly counterfeit and diverted pharmaceuticals. more

CircleID’s Top 10 Posts of 2009

Looking back at the year that just ended, here are the top ten most popular news, blogs, and industry news on CircleID in 2009 based on the overall readership of the posts. Congratulations to all the participants whose posts reached top readership in 2009 and best wishes to the entire community in 2010. more

Google Loses Another Domain Name Dispute

For the benefit of trademark owners, ICANN has something called the UDRP (Uniform Dispute Resolution Process) that allows the owner to file a complaint against an allegedly infringing domain name, to be resolved by one of a small set of arbitrators. About 90% of UDRP cases that proceed to a decision are decided in favor of the complainant; opinions differ as to whether that's because of the merit of the complaints or the institutional bias of the arbitrators. more

Last Decade in Spam

CAUCE, the Coalition Against Unsolicited Commercial Email, has looked back at the notable events of the last decade in our industry. Each year/link in the post explodes to a discrete blog entry with a month-by-month break-out of notable events. more

Gripe Site Triumphant Over AntiCybersquatting Consumer Protect Act Complaint

Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more