Abusive conduct or cybersquatting is the essence of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), usually by domain name registrants violating their warranties of registration but also (in appreciable numbers) by trademark holders overreaching their statutory rights. The UDRP remedies are asynchronous: there is forfeiture of offending domain names; for abusive use of the process there is reverse domain name hijacking (RDNH), essentially a shaming remedy that substitutes for a monetary penalty. more
The FCC has unveiled two proposals as part of its plan to help reduce unwanted phone and text spam however the move is challenged by consumer advocacy groups. more
The Motion Picture Association of America (MPAA) in its recent submission to the National Telecommunications and Information Administration (NTIA) has raised a stern objection regarding ICANN's attempt to adhere to the EU's General Data Protection Regulation (GDPR), stating that the temporary specification had gone "well beyond what the GDPR mandates." more
U.S. Democratic Senator Ron Wyden released an early draft of a bill today that would subject company CEOs and senior executives to tough penalties including 10 to 20 years of imprisonment for failing to protect consumer data. more
Last week during the ICANN meeting in Barcelona I attended a short presentation from the Internet Watch Foundation (IWF). Their mission is pretty simple: ...eliminate child sexual abuse imagery online. Fortunately, the presentation I was at did not include any of the actual material (which would have been illegal anyway) but even without seeing any of it the topic is one that I think most people find deeply disturbing. more
The Librarian of Congress and US Copyright Office has updated the Digital Millennium Copyright Act extending some essential exemptions ensuring that computer security researchers won't be treated like nefarious criminals for their contributions to society. more
Yahoo today announced it has agreed to pay $50 million in damages and will offer two years of free credit-monitoring services to 200 million people whose email addresses and other personal information were stolen as part of the massive security breach. more
When it comes to fighting cybercrime, "being able to easily access ICANN and look up IP addresses is a lot more important than accessing the minutiae of encrypted data communications," says Jacqueline McNamara, head of cybersecurity at Telstra. more
The U.S. Department of Justice on Sunday night filed a lawsuit against California over the new net neutrality law after just an hour the bill was signed. more
One of the fallouts of disruptive inventions is the need for new laws to counter their unexpected consequences. As it concerned the Internet, these consequences included a new tort of registering domain names identical or confusingly similar to trademarks and service marks with the intention of taking unlawful advantage of rights owners. Prior to 2000 the only civil remedy for "cybersquatting" or "cyber piracy" was expensive and time-consuming plenary actions in courts of competent jurisdiction under national trademark laws. more
Neustar, the registry operator of the .US domain and NTIA have reversed course, allowing the inclusion of previously restricted "seven dirty words" from future .US domain name registrations. more
European authorities proposed new laws today subjecting internet companies like Google, Twitter and Facebook to big fines if the extremist content is not taken down within one hour. more
In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more
Panels appointed to adjudicate domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have written in the region of 50,000 decisions involving over 75,000 domain names (minuscule of course when measured against the number of registered domain names). What may surprise some parties, their representatives, and counsel is that these publicly accessible decisions have fueled the emergence and development of a jurisprudence of domain names. more
Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more
A World-Renowned Source for Internet Developments. Serving Since 2002.