Law

Whois Privacy vs. Anonymity

The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity.

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported...

Are We Attending the Right ICANN Meeting?

I have no idea who wrote that wonderful piece, Time for Reformation of the Internet, posted by Susan Crawford. (It wasn't me - I never use the word "netizen".) Elliot Noss of Tucows wrote a partial rebuttal, I must be attending the wrong ICANN meetings. Elliot's company, Tucows, has been a leader in registrar innovation and competition. And Tucows has constantly been among the most imaginative, progressive, responsible, and socially engaged companies engaged in these debates. ...But the points made by Time for Reformation of the Internet go far beyond registries and registrars.

Putting a Spammer in Jail

The country's first criminal trial about spam ended in Leesburg, Virginia earlier this month with a conviction of Jeremy Jaynes, better known under his nom de spam of Gavin Stubberfield. I was an expert witness for the prosecution, the Commonwealth of Virginia. The case was brought under Virginia's state anti-spam law, not the weaker Federal CAN-SPAM act...

Relief Denied to Personal Name of Danish Businessman

Danish businessman Joacim Bruus-Jensen challenged the domain name www.joacimbruus-jensen.com in ICANN UDRP proceeding. He failed to prove enforceable trademark rights in his name and was denied relief in this decision by Panelist Derek Minus. Joacim Bruus-Jensen v. John Adamsen, Case No. D2004-0458 (WIPO Sept.29, 2004). The case should be considered before seeking to use the ICANN UDRP to take action based on the personal name of a business executive.

Your Trademark Sucks.com

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below.

ICANN UDRP and Contract Disputes

When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance...

A Closer Look at the Katie.com Domain Name Controversy

Every time an individual logs on to the Internet a pornographer is able to copy the stream of digital bits created by the computer user's Internet connection. The data bits are used to compile a database of information about Internet user buying habits and sexual tastes. These pornographers use the information secretly collected from logged in computers to alter the category or type of pornographic images uploaded onto various websites. Pornographers, for example, know that as a result the pornography in Cyberspace is of an extremely disturbing sort when compared to porn found in "real-space." Internet users are primarily known fans of sexual images of incest, bestiality, and torture. Cyber porn -- as it is often called -- is bigger, badder, and more extreme.

Personal Names, Politics and Cybersquatting

Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate.

Domain Name Proxy Service Not Inherently Evil

In the recent court decision of CyBerCorp Holding v. Allman case, although the registrant of the domain name 'cybertraderlive.com' did lose the Uniform Domain Name Dispute Resolution Policy (UDRP) case and was found to have acted in bad faith (having been a former customer of complainant), the decision is noteworthy as it finds that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith...