Law

Domain Name Lessons from Napster

I first outline a brief history of free file-sharing technology, then draw some general and domain name lessons, then outline the what, how, and why that make your activism effective and necessary... The domain name industry is decentralized and atomic in that anyone from anywhere in the world can register a domain name, keep the ownershp name and address private, and host it from a country where the U.S. and European legal systems don't apply. Thus, legal action will only drive domain owners further underground. more

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.  more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more

Online Safety Bill: UK’s Digital Overhaul

The UK Parliament has given the green light to the controversial Online Safety Bill, putting Ofcom, the communications watchdog, in charge of internet regulation. This step brings the legislation closer to becoming law. more

Blockchain Domains and What They Could Mean for Online Scams and Brand Protection

Blockchain domain names, domains that are stored on blockchain or cryptocurrency exchanges, are part of a growing, unregulated, and decentralized internet. Right now, blockchain domains are used mostly by cryptocurrency users, but they are growing in popularity - the Ethereum name service reported over 2.2 million .eth domain name registrations in 2022. At the same time, crypto scams are also exploding, reaching a total of $3.5 billion in losses in 2022. more

Should “Fake” Oakley Websites Be Insulated From UDRP Law?

Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more

Domain Tasting: Big Multifaceted Action on Bad Actors

Reported in the Washington Post no less: "Dell Takes Cybersquatters to Court". As reported a few weeks ago, this is a very thorough action targeting certain practices and practitioners... I'm surprised a suit this thorough didn't name Google as a co-defendant. Then again, maybe it's not that surprising because Google offers a well liked product, has a lot more money; and a search partnership with Dell that allows Dell to share in the profit when its users engage in "right of the dot" typosquatting on Dell keyboards. It's funny, because one day, Dell could find itself on the defendant's side of the courtroom... more

Sovereignty and the Geography of Cyberspace

The cross-border nature of the Internet challenges an international system based on separate national jurisdictions. Unfortunately, discussions among governments on this growing tension easily spiral into ideological infighting about the application of sovereignty. Early November however, 1600 participants from 100 countries gathered for the 7th annual Internet Governance Forum (IGF)... Several sessions showed that it is possible to address the relations between the Internet and sovereignty in a responsible manner. more

Holocaust Remembrance Day

Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more

A Few Thoughts on the Future of Email Authentication

With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

Live Streaming Apps: Piracy Trends Are-A-Changing

Until recently, digital pirates have used both P2P sites and cyberlockers to upload and share pirated content. But as Internet connection speeds have increased, the piracy landscape has changed, and the appearance of streaming content has proliferated. In fact, 38% of online sporting fans are watching live streaming of their favorite events. However, the recent introduction of live streaming apps is further compounding issues surrounding online piracy... more

Catching Spam Email with Project Honey Pot

Since its launch in October, 2004 Project Honey Pot has made some interesting progress in their war against spam email. The project is a distributed system used to identify spammers and spambots operating across the Internet. To put it simply, Project Honey Pot lays millions of traps around the Internet (66,393,293 as of this writing) baited with specific email addresses that are configured to forward received emails to the Project Honey Pot system. Since these are not email addresses used by real individuals virtually every email received is positively identified as spam. more

Did Navigation Catalyst Systems Get Off Easy in Verizon’s $100 Million Plus Lawsuit?

Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more

Is ICANN’s .IR Response at Odds with the ACPA and ICE Domain Seizures?

An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more