Law

Law / Featured Blogs

Do You Care About Your Privacy?

ICANN is currently going through a complicated process in order to introduce more Top-Level Domains (TLDs). While the launch of new TLDs is something that a lot of people will welcome it is not without its issues. One of the areas that has been receiving quite a bit of attention is in relation to intellectual property rights. So what has this got to do with privacy? more

Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?

This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more

Virtual Extortion?

Maybe you saw this story: A Chinese man (whose name is not given) has been sentenced to serve three years in prison for extorting "virtual items and currency" from a "fellow Internet café user." The currency was worth 100,000 yuan or $14,700. The man who's sentenced to three years and the three friends who helped him also "extorted virtual equipment for online games" from their victim. The friends only seem to have been given a fine; the primary extortionist got both a fine and a jail time. The virtual currency was QQ coins... As I'm sure all of us know, there's a thriving market in virtual goods and currency... more

Valuing Trademarks in Domain Names

My new essay, "Valuing Trademarks in Domain Names," outlines the various approaches to valuing trademarks, pointing out the approaches’ different strengths and weaknesses, with emphasis on domain names. Using court cases, the essay points out that there is no one right way to value intangible assets but there are wrong ways. more

Google Book Search Settlement: Another Digital Pandora’s Box

A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more

Gillette.ro WIPO Decision Provides Interesting Comments

One of the WIPO decisions published today relates to gillette.ro. The registrant (respondent) didn't make any submissions in their defence, so the decision could have been quite banal. However some of the panelist's comments under the "Registered and Used in Bad Faith" section are quite interesting... more

Hannaford Data Breach Plaintiffs Rebuffed in Maine

A US District Judge in Maine largely granted a motion to dismiss brought by Hannaford in a big data breach case... According to the court, around March 2008, third parties stole up to 4.2 million debit and credit card numbers, expiration dates, security codes, PIN numbers, and other information relating to cardholders "who had used debit cards and credit cards to transact purchases at supermarkets owned or operated by Hannaford." more

Canadian Spam Law Update

As you may know, there are two laws currently being discussed in Canadian legislative assemblies: Senate Bill S-220, a private member’s bill with private right of action and criminal remedies; Parliamentary Bill C-27, tabled by the government, with private right of action, coordination between various enforcement agencies... more

Crime vs. Cybercrime: Is the Law Adequate?

In 2001, I published an article on "virtual crime." It analyzed the extent to which we needed to create a new vocabulary -- and a new law -- of "cybercrimes." The article consequently focused on whether there is a difference between "crime" and "cybercrime." It's been a long time, and cybercrime has come a long way, since I wrote that article. I thought I'd use this post to look at what I said then and see how it's held up, i.e., see if we have any additional perspective on the relationship between crime and cybercrime... more

“.Pol”, a “.Com” for Political Candidates

In the coming months, ICANN will ambitiously expand the number of top-level domains (TLDs). ICANN could add ".movie" and ".paris", among others, to the existing ranks of ".com", ".org", ".gov", and ".edu". Here's another they should consider: a new ".pol" TLD that is reserved exclusively for political candidates and entities. A ".pol" TLD is needed to alleviate problems linked to a now-common phenomenon called political cybersquatting... more