Law

CircleID’s Top 10 Posts of 2018

It is once again time for our annual review of posts that received the most attention on CircleID during the past year. Congratulations to all the 2018 participants for sharing their thoughts and making a difference in the industry. more

Typosquatting as Per Se Cybersquatting Unless Proved Otherwise

The quintessence of typosquatting is syntactical variation: adding, omitting, replacing, substituting, and transposing words and letters. Since these minor variations are mostly indefensible, respondents rarely respond to complaints, although as I will explain in a moment there can also be innocent and good faith syntactical variations which are not typosquatting. It follows that if there are defenses, respondents should prudently respond and explain their choices because default generally favors complainants. more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more

US Tech Firm Cloudflare Accused of Providing Cybersecurity Services to Foreign Terrorist Groups

Leading American tech firm Cloudflare has been accused of providing cybersecurity services to at least seven designated foreign terrorist organizations and militant groups including Taliban, al-Shabab and Hamas. more

Facebook Used VPN App to Collect Competitive Data on App Usage, According to Reports on Leaked Docs

U.K. Parliament today released 250 pages of internal emails between Facebook and other tech companies regarding accessing user data through the social network's system. more

Abusive Conduct: Domain Name Registrants and Rights Holders

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

FCC to Classify Text Messaging as Information Service to Fight Spam Texts, Others Oppose the Move

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

EU Should Not Be Setting US WHOIS and Privacy Policy, Says MPAA

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

US Senator Wyden Proposes Bill That Could Jail Executives Over Repeated Data Privacy Violations

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

Internet Watch Foundation Uses Hashes to Block Child Abuse Material

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

US Copyright Office Expands Security Researchers’ Ability to Hack Without Going to Jail

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 Agrees to Pay $50M and Other Costs for the Massive Security Breach Disclosed in 2016

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

Easy Access to ICANN, IP Address Data Beats Info on Encrypted Data, Says Telstra Cybersecurity Head

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

US Department of Justice Sues California Over Its New Net Neutrality Law

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

The Emergence and Consolidation of a Jurisprudence of Domain Names

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