Law

Why Bitcoin Will Not Solve the Caribbean’s Financial Inclusion Woes

There's a deluge of hype around Bitcoin and blockchain technologies right now, and policymakers and regulators in the Caribbean are doing their best to wrap their heads around the advantages and disadvantages of this virtual currency. Similar questions are being contemplated in the ICTs for development (ICT4D) community, taking into account that electronic money (e-money) platforms such as Safaricom's M-PESA have essentially solved the financial inclusion quandary for millions of people in Kenya. more

Russia Demands Facebook to Store Citizens’ Data on Russian Servers or Be Blocked

Russia threatens to block access to Facebook next year unless the company complies with a law that requires websites which store the personal data of Russian citizens to do so on Russian servers. more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

The Role of Domain Name Privacy and Proxy Services in URS Disputes

Here's another apparent limitation of the Uniform Rapid Suspension System (URS), the domain name dispute policy that applies to the new generic top-level domains (gTLDS): Proceedings are unlikely to unmask cybersquatters hiding behind privacy or proxy services. Domain name registrants often use these privacy and proxy services to hide their identities when they register domain names. The services have legitimate uses but are controversial. more

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more

Global Content Removals Based on Local Legal Violations - Where are we Headed?

From the Internet's earliest days, the tension between a global communication network and local geography-based laws has been obvious. One scenario is that every jurisdiction's local laws apply to the Internet globally, meaning that the country (or sub-national regulator) with the most restrictive law for any content category sets the global standard for that content. If this scenario comes to pass, the Internet will only contain content that is legal in every jurisdiction in the world... more

Beware of Extra Fees in UDRP Proceedings

The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more

.site Domain Names Eclipse .xyz in Dispute Proceedings

Despite the launch of more than 1,200 new generic top-level domains (gTLDs) in recent years, .com remains - far and away - the top-level domain that appears most frequently in decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, some new gTLDs are attracting more disputes, including .site, which has become the new gTLD that, so far this year, has appeared in the most UDRP decisions. The rise of .site represents a change from last year, when .xyz was the most-often disputed new gTLD. more

Proving and Protecting Rights to Domain Names

At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I'm referring to less than 10% of cybersquatting disputes. For 90% or more of filed complaints, respondents have no defensible answer and generally don't even bother to respond. But within the 10%, there are serious disputes of contested rights (contested even where respondent has defaulted). more

U.S. Department of Justice Demands IP Addresses, Other Details on Visitors to Trump Resistance Site

The Los Angeles-based hosting company, DreamHost on Monday revealed that for the past several months it has been dealing with a search warrant from the Department of Justice pertaining to a website used to organize protests against President Trump. more

Should the EB-5 Investor Visa Program Recognize Cyber Workers?

The EB-5 Investor Visa Program was created by Congress in 1990 to "stimulate the U.S. economy through job creation and capital investment by foreign investors." The program, administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), provides that entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs. more

Is a New Set of Governance Mechanism Necessary for the New gTLDs?

In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more

When a Domain Name Dispute is ‘Plan B’

While having a backup plan is usually a good idea, it's often not an effective way to obtain someone else's domain name - at least not when Plan B consists of a company filing a UDRP complaint with the hope of getting a domain name to which it is not entitled and could not acquire via a negotiated purchase. "Plan B" as a derogatory way of describing an attempted domain name acquisition usually arises in the context of a domain name that is not protected by exclusive (or any) trademark rights, or where the complainant clearly could not prevail in a UDRP proceeding. more

U.S. Senators to Introduce IoT Security Bill

U.S. senators on Tuesday announced plans to introduce legislation seeking to address vulnerabilities in IoT devices. more

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more