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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. more
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... more
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. more
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... more
The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.
Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more
Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more
As ICANN confronts a harsher geopolitical era, its long-delayed review of the UDRP has become a defining test of whether the multistakeholder model can still deliver legitimate, effective Internet governance and sustain confidence in its future. more
As cross-border cyber enforcement falters, critics argue Article 19's DNS abuse framework prioritizes procedural purity over user protection, leaving courts too slow to counter AI-driven phishing, rapid-flux domains, and increasingly automated online threats. more
Maria Xynou warns that internet censorship is becoming more sophisticated and less transparent as governments deploy targeted blocks, throttling and encrypted traffic interference, while OONI's crowdsourced measurements help researchers and human-rights groups expose restrictions and defend online freedoms worldwide. more
Recent court rulings in Europe and America are reshaping access to technical standards, weakening paywalls and strengthening the principle that publicly mandated knowledge belongs to citizens, regulators and increasingly AI systems that depend on machine-readable information. more
ARTICLE 19 warns that governments are increasingly exploiting internet infrastructure to silence critics, using domain suspensions to block entire websites while regulators and registry operators debate how to balance online safety, technical abuse prevention and freedom of expression. more
As cross-border enforcement falters, dynamic injunctions are reshaping internet governance, allowing authorities to update blocking lists in real time and prioritize access deterrence over slow, often futile source takedowns across fragmented global legal regimes. more
America's Supreme Court, in Cox v Sony, recast online copyright liability, effectively sidelining the DMCA safe harbor and replacing it with a narrow inducement standard that leaves service providers little obligation to meaningfully police infringement. more
The UN's new permanent cybersecurity mechanism promises continuity after decades of fleeting forums, yet risks irrelevance unless states enforce existing law, bridge cybercrime divides, address AI threats, build practical capacity, and include non-state expertise meaningfully. more
Cox v. Sony narrows intermediary liability, insisting on intent over knowledge. In doing so, it preserves infrastructure neutrality, resists privatized enforcement, and sharpens a growing divide between American and European models of Internet governance. more
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