Barclays Bank is a .brand pioneer, having recently announced plans to migrate its primary online presence to two new gTLDs it will operate on its own behalf. But Barclays Bank has also just plead guilty to a major financial services felony and been fined $2.4 billion for that criminal activity. While the new gTLD Registry Agreement is clear that a registry operator must remove any officer or director convicted of a felony, it is ambiguous in regard to whether the Agreement can be terminated when the operator itself has been found to have operated a criminal enterprise. more
Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more
Garth Bruen reports on a paper published by the American Society of Law, Medicine & Ethics of Boston University School of Law authored by Bryan A. Liang and Tim Mackey titled, "Searching for Safety: Addressing Search Engine, Website, and Provider Accountability for Illicit Online Drug Sales". From the paper: "Online sales of pharmaceuticals are a rapidly growing phenomenon. Yet despite the dangers of purchasing drugs over the Internet, sales continue to escalate. These dangers include patient harm from fake or tainted drugs, lack of clinical oversight, and financial loss. Patients, and in particular vulnerable groups such as seniors and minorities, purchase drugs online either naïvely or because they lack the ability to access medications from other sources due to price considerations. Unfortunately, high risk online drug sources dominate the Internet, and virtually no accountability exists to ensure safety of purchased products." more
"U.S. Authorities Charge Owner of Most-Visited Illegal File-Sharing Website with Copyright Infringement" – statement issued by United States Department of Justice on Thursday: "U.S. authorities have charged the alleged owner of today's most visited illegal file-sharing website with criminal copyright infringement and have seized domain names associated with the website." more
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more
A commentary in the context of the 1950 Convention and European Union law... The ICANN Law Enforcement Due Diligence Recommendations is a document that was a jointly issued in 2009 by several law enforcement agencies, including the US Department of Justice's Federal Bureau of Investigation' ('the FBI), the United Kingdom's Serious and Organised Crime Agency ('SOCA') and the Royal Canadian Mounted Police. more
The Internet has enhanced freedom of communication, ignored national borders, and removed time and space barriers. But the Internet sphere was never a law-free zone. Already ICANN's "Articles of Incorporation" (1998) constituted that the management of critical Internet resources has to take place within the frameworks of "applicable national and international law". more
Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more
The House's Stop Online Piracy Act is in Judiciary Committee Markup today. As numerous protests, open letters, and advocacy campaigns across the Web, this is a seriously flawed bill. Sen. Ron Wyden and Rep. Darrell Issa's proposed OPEN Act points out, by contrast, some of the procedural problems. Here, I analyze just one of the problematic provisions of SOPA: a new"anticircumvention" provision more
Coalition for Responsible Internet Domain Oversight, or CRIDO, released a plan they called a "peacemaker" three days before the Jan. 12th, 2012 launch, which would allow brands to begin the ICANN application process but would allow organizations and companies the opportunity to place their brand names, without cost, on a temporary "do not sell" list. ICANN so far has not responded to the "do not sell" list, and CRIDO is getting restless and threatening lawsuits. more
On May 26, 2021, I submitted a complaint to ICANN's Complaints Officer, Krista Papac. In a nutshell, my complaint centers on ICANN's blatant violation of its Bylaws, specifically Section 2.2, named Restrictions, which expressly prohibits ICANN from acting as a registrar. However, despite the absence of any exceptions to this unambiguous prohibition, ICANN is acting improperly as a registrar for the purposes of warehousing and cybersquatting on certain domain names in the .com and .net registries. more
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
People hate receiving spam, but most people stopped obsessing about spam a decade ago or more. In the interim, anti-spam filters have improved dramatically. Still, some anti-spammers hate spam so passionately -- or, perhaps, hope to put a little coin in their pockets -- that we still see a steady stream of lawsuits against email marketers. For the most part, those lawsuits don't win; in the past half-decade, repeat anti-spam plaintiffs have rarely won in court. more
CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. more