Law

Email’s Not Dead, Neither is Spam

Over the past few years, we have seen a plethora of over-hyped articles in the popular press and blogosphere crowing wrong-headedly about how 'email is dead'. Social networks like Facebook and Twitter, new and as-yet unproven technologies are the supposed death-knell for our old reliable friend, e-mail. I wrote about the rumours of email's death being exaggerated back in 2007 in response to such inanity. Since then, we've seen such a cornucopia of silliness of the 'Such & such is killing email' variety that Mark Brownlow compiled a bunch of articles, and their rebuttals at his excellent site... more

Google Confirms That Keyword Metatags Don’t Matter

Few Internet technologies have horked cyberlaw as much as keyword metatags. Back in the 1990s, some search engines indexed keyword metatags, which encouraged some websites to stuff their keyword metatags as a way of gaming the rankings. Judges took a dim view of this practice, largely because the surreptitious nature of keyword metatags seemed inherently sinister, regardless of their efficacy. In the interim, search engines wizened up. more

A Look at the Facebook Privacy Class Action (Beacon) Settlement

Facebook announced on Friday that it settled the class action challenging its "Beacon" advertising program. Net result? Facebook establishes a privacy foundation funded with $9.5 million (or what's left of this amount after attorneys' fees, costs, and class claims are deducted)... Beacon was an advertising program launched in November 2007 which (roughly speaking) allowed the transmission of purchase and consumer-related information between partner retailers, Facebook, and of course, your Facebook friends. I don't think many people have a sense of all of the contours of the program... more

Skype’s End User License Agreement

I was looking at the End User License Agreement to which Skype wants people to assent. I noticed the following odd provision (Section 3.2.4): You hereby grant to Skype a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to Use the Content in any media in connection with the Skype Software, the Products and the Skype Website. more

Are the FCC Workshops Fair?

The FCC has run three days of workshops on the National Broadband Plan now, for the purpose of bringing a diverse set of perspectives on broadband technology and deployment issues to the attention of FCC staff. You can see the workshop agendas here. The collection of speakers is indeed very diverse. As you would expect, the session on eGov featured a number of government people and a larger collection of folks from the non-profit sector, all but one of whom has a distinctly left-of-center orientation. Grass-roots devolution arguments have a leftish and populist flavor, so who better to make the argument than people from left-of-center think tanks? more

Trademark Attorneys Warn Companies About the Upcoming .CM Cybersquatting Possibilities

In light of recent announcements regarding Cameroon's country code Top-Level Domain, .CM, being opened to public registration, Tresa Baldas reports on Law.com: "Trademark attorneys are warning companies about a new target for cybersquatters known as '.cm,' which is the country code -- or top level domain -- for the West African nation of Cameroon. The dot-cm domain is a hot target for scammers, they say, due to 'cm' being a common typographical error for 'com' in the popular dot-com domain. Attorneys say this is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype dot-com as dot-cm and wind up on a bogus site. Not only is Web traffic lost, they say, but a brand name can get diluted or tainted along the way." (Also see, Nation of Cameroon Typo-Squats the Entire .com Space from 2006) more

How Unconscionable is the Profit That Verisign Makes from Its Registry?

VeriSign makes a great deal of money from the .COM and .NET registries. Can we tell how much they make, and how much that might change if the CFIT lawsuit succeeds? It's not hard to make some estimates from public information. The largest gTLD registry that VeriSign doesn't run is .ORG, which was transferred a few years ago to the Public Internet Registry (PIR) which pays Afilias to run the registry, and uses whatever is left over to support the Internet Society (ISOC)... more

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

Latest Cybersquatting Stats from WIPO

According to latest reports from the World Intellectual Property Organisation (WIPO), allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP). This represented an 8% increase over 2007 in the number of generic and country code Top-Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. To improve efficiency and respond to growing demand, WIPO has proposed an "eUDRP Initiative" to render the UDRP paperless... more

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more

Proposed Law Seeks to Expose Internet Addressing for Child Safety

U.S. Republican politicians on Thursday introduced a bill that would require Internet service providers and network operators to track the use of and maintain records for their publicly accessible wired and wireless networks. Two bills have been introduced... Each of the bills carries the title "Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act," and is referred to as the "Internet SAFETY Act." more

Should We Make the Possession of Malware a Crime?

In the U.S., it is a federal crime to use malware to intentionally cause "damage without authorization" to a computer that is used in a manner that affects interstate or foreign commerce. Most, if not all, U.S. states outlaw the use of malware to cause damage, as do many countries. The Council of Europe's Convention on Cybercrime, which the United States ratified a few years ago, has a provision concerning the possession of malware. Article 6(1)(b) of the Convention requires parties to the treaty to criminalize the possession of malware "with intent that it be used for the purpose of committing" a crime involving damage to a computer or data... more

What Could the RIAA’s Switch in Strategy Mean?

The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files. more