Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd... The FTC brought an action against Defendants claiming that they were engaged in cramming, adding unwanted voicemail, electronic fax, and call forwarding services to consumers bills to the tune of $70 million. more
In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more
As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more
Two events, which made headlines in the digital world in 2016, will probably frame the Internet Governance Agenda for 2017. October 1, 2016, the US government confirmed the IANA Stewardship transition to the global multistakeholder community. November 2, 2016, the Chinese government announced the adoption of a new cybersecurity law which will enter into force on July 1, 2017. more
"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew Allemann in Domain Name Wire. more
The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
A typical proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) consists of a complaint and, sometimes, a response. UDRP Rule 12 makes clear that "further statements or documents from either of the Parties" are appropriate only if "the Panel... request[s], in its sole discretion." In practice, however, such supplemental or additional filings are not uncommon, with the leading UDRP service providers - WIPO and the Forum - issuing guidance about when they may be appropriate. more
"U.S. Authorities Charge Owner of Most-Visited Illegal File-Sharing Website with Copyright Infringement" – statement issued by United States Department of Justice on Thursday: "U.S. authorities have charged the alleged owner of today's most visited illegal file-sharing website with criminal copyright infringement and have seized domain names associated with the website." more
A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more
What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside -- I and my co-authors have written on those before -- this bill has many other disturbing features. (Note: I've heard a rumor that this is an old version. If so, I'll update this post as necessary when something is actually introduced.) One of the more amazing oddities is that the bill's definition of "communications" (page 6, line 10) includes "oral communication", as defined in 18 USC 2510. more
This post I've been pondering on for a long time, but never found the right angle and perhaps I still haven't. Basically I have these observations, thoughts, ideas and a truckload of questions. Where to start? With the future prospects of us all. Thomas Picketty showed us the rise of inequality. He was recently joined by Robert J. Gordon who not only joins Picketty, but adds that we live in a period of stagnation, for decades already. "All great inventions lie over 40 years and more behind us", he points out. more
Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more
Every time there is a tragic attack on people or property, there is a cry from various authorities or politicians for law enforcement to get unfettered access to all kinds of communication tools. But that would cause far more harm than good, and is a really bad idea. The argument goes something like this: 'These bad actors hide behind encrypted communications to plan their evil deeds...' more
Companies such as Apple, Google and others will be banned from offering encryption so advanced that even they cannot decipher it when asked to under the UK's Investigatory Powers Bill. more
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