Recently, I had time to reflect on various matters after the alternator in my vehicle decided that the middle of a mountain pass was the appropriate time and place to go to that great big pick-and-pull scrapyard in the sky while leaving me stranded with no cell signal on the side of the road in the middle of nowhere. Until that point, I had been seriously considering applying to ICANN's Nominating Committee for one of the three open seats on ICANN's Board of Directors. more
ICANN will not act as judge and jury in copyright disputes. TorrentFreak reports: "In a letter to the president of the Intellectual Property Constituency, ICANN chief Stephen Crocker says that ICANN is neither 'required or qualified' to pass judgment in such cases." more
Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch has recently written an article for the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace". One of the areas covered in this article is a comparison made between the ICANN model and that of the Internet Engineering Task Force (IETF).
Michael Froomkin has underlined several lessons that can be learned from this contrast, including a suggestion "that claiming kinship with the IETF model is a way of claiming legitimacy, but that not every one who makes this claim is entitled to do so".
What follows is a two-part interview with Michael Froomkin and a closer look at his recent article in the Harvard Law Review. more
Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more
I saw this case in the excellent National Association of Attorneys General publication Cyber Crime e-newsletter. Many of us host or sponsor online communities of one form or another. On occasion, this means we must engage in moderation of the discourse in that community, and, as chance may arise, on occasion, we must give some chap the boot from the community for violating the AUP or the TOS. Inevitable, the booted chap screams "First Amendment Violation," to which we must respond, "The First Amendment restrains government actors -- we are not government actors." more
This is, of course, about the recent NYT article that showcases the results of Prof Stefan Savage and his colleagues from UCSD/Berkeley. As my good friend and longtime volunteer at CAUCE, Ed Falk, points out, this is a great find, but hardly a FUSSP. The nice thing about the fight against bots and spammers is these little victories people on "our" side keep having in an endless series of skirmishes and battles... more
Neil Schwartzman writes: "The Canadian Radio-television and Telecommunications Commission's (CRTC's) Chief Compliance and Enforcement Officer today issued a Notice of Violation to Compu-Finder, which includes a penalty of $1.1 million, for breaking Canada's anti-spam law. Compu-Finder has 30 days to submit written representations to the CRTC or pay the penalty. It also has the option of requesting an undertaking with the CRTC on this matter." more
ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large Advisory Committee (ALAC) and Regional Leadership Meetings. It seems very ambitious and they will need to be because our year-long research, publicly distributed here for the first time, shows a complete breakdown in ICANN's Compliance functions on every level possible. more
Microsoft has filed 3 cybersquatting cases at the beginning of September 2007, as reported in an Inside Indiana Business article. I took the liberty of accessing the cases via the PACER system, and posted the major documents... It looks like they're stepping up efforts to defend their trademarks, and seeking big damages in court, rather than go the way of the UDRP. These cases demonstrate that new TLDs should not be a priority with ICANN until the problems in existing TLDs are addressed. more
In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more
There is an old saying that "bad news comes in threes." Domain name service providers have witnessed two unsettling developments in the past few weeks. The third, still winding its way through the U.S. Congress, could have enormous ramifications. Registries and registrars, in particular, need to speak up or resign themselves to the consequences. more
Here are the top ten most popular news, blogs, and industry updates featured on CircleID in 2011 based on the overall readership of the posts for the year. Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2012. Happy New Year! more
Adding to the flurry of gambling news of late, the Washington Court of Appeals issued a decision today that found peer-to-peer betting company (betcha.com) did not violate Washington state gambling laws. The court runs through some other issues underlying the statute, but the net result is that Betcha is off the hook... for now. Read more... more
The National Arbitration Forum today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum, approved by ICANN, provides domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP). Nearly all 1,770 cases filed (98%) in 2008 involved UDRP domain names, like .com and .org and the rest involved usDRP domain names with the .us extension, according to the announcement... more
The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more
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