Law

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. 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

Online Drug Traffic and Registrar Policy

Last month I published an article called "What's Driving Spam and Domain Fraud? Illicit Drug Traffic" which explained how the many of the troublesome online crime issues are related to the online sale of narcotics and dodgy pharmaceuticals. Since this article was published we have witnessed one of the largest international law enforcement efforts against online drug traffic (Operation Pangea II)... more

2017 Domain Name Year in Review

Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more

Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more

As the Comcast Saga Unfolds, Be Careful What You Wish For

Comcast has been in the news recently for deliberately "slowing down" some subscribers and applications in its broadband cable service. There was an article in the Washington Post today updating the case, and there was a recent article in Network World that actually favors the groups filing the complaints and calls for the FCC to crack down on Comcast. more

Internet Governance: Why Africa Should Take the Lead

Recently during an afternoon meeting with a friend of mine, Bob Ochieng, who happens to work for ICANN (Internet Corporation for Assigned Names and Numbers) Africa Operations, he lamented that at online Internet Governance discussions fora such as CircleID, and 1net.org, there is no serious frequent engagements from African Voices. This got me thinking and I realized that most African Internet Stakeholders would rather use a "wait and see approach" in matters as critical as Internet Governance. more

Trademark Owners Beware: Cybersquatting Spreads to Twitter

TechCrunch reports that its brand has been taken as a Twitter name, and that there is a landrush going on to get these names, which are already trading for money. The problem is so bad that a name brokerage, Tweexchange, has sprung up to get to facilitate sales. more

The US DOJ Rogue Internet Pharmacy Settlement: Implications for Registrars

In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more

Internet Access: A Chokepoint for Development

In the 1980's internet connectivity meant allowing general public to communicate and share knowledge and expertise with each other instantly and where it was not possible otherwise. Take the story of Anatoly Klyosov, connecting Russia to the western world for the first time in 1982, as an example. A bio-chemist who was not allowed to leave the soviet territory for security reasons. The internet enabled him to participate in meetings with his counterparts at Harvard University, University of Stockholm and beyond. more

10 Noteworthy Cyberlaw Developments of 2009

While I like John Ottaviani's perspectives on 2009's top Cyberlaw developments a lot, I independently developed my own top 10 list that has a different emphasis. You might enjoy the contrasts. My list... more

We Must Keep Track of How Countries Will Confront Cybercrime in a New UN Convention

As a designated committee of experts prepares to draft a new treaty to combat the use of information and communications technologies in cybercrime at the UN in January 2022, it is paramount that other stakeholders oversee these discussions to avoid violating human rights on the Internet. This initiative was kickstarted by a 2019 resolution led by Russia and endorsed by other countries considered by many to behavior controversially on cybersecurity matters, such as China, Venezuela, Cambodia, North Korea, and others. more

ICANN Asks U.S. Federal Trade Commission Whether .SUCK is Violating Any Laws

Allen Grogan, ICANN's Chief Contract Compliance Officer, has written a blog post today concerning a formal letter it has received asking the agency to halt the rollout of .SUCKS, a new gTLD operated by Vox Populi Registry Inc. As it stands, a ruling against Vox Populi by ICANN could result in federal prosecution or other legal action, according to ICANN officials. more

Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more

Privacy Commissioner Finds Facebook Violating Canadian Privacy Law

The Office of the Privacy Commissioner of Canada has released its long-awaited finding in the complaint against Facebook on a variety of privacy grounds. The complaint was launched by CIPPIC in May 2008 (note that I am an advisor to CIPPIC but had no involvement in this complaint). The case marks an important step in assessing how Canadian privacy law addresses social media with the Commissioner identifying some significant concerns. Moreover, as the case potentially heads to court, it will be closely watched to see whether the findings can be enforced against a global social media power like Facebook. more