Law

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. 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

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

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

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

Is ICANN Staff Misleading the Board Into Violating Contractual Obligations to the U.S. Government?

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

Interview With Michael Froomkin: Watching ICANN Through IETF: Part I

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

Does ICANN’s UDRP Preserve Free Speech and Allow Room for Criticism?

The phenomenal growth of the Internet has resulted in a proliferation of domain names. The explosion of '.com' registrations coincided with an increase in domain name disputes, and with it the legal branch of intellectual property devolved into virtual mayhem. ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created... The UDRP was brought into force in October 1999, and it can be said that it has contributed handily to the resolution of domain name disputes. However, deeper investigation into the UDRP paints a different picture. 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

Why Are Internet Security Standards Badly Deployed and What to Do About It?

In 2019 under the aegis of the Internet Governance Forum, a pilot project was conducted into the causes of and solutions for the, in general, slow deployment of internet security standards. Standards that on mass deployment make the Internet and all its users safer, indiscriminately, immediately... Recently the report 'Setting the standard. For a more Secure and Trustworthy Internet. The Identification of Pressure Points in Society to Speed up Internet Standards Deployment', was published on the IGF website. more

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more

University of California Identifies the Next Hard Target in a Never Ending War

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

Domain Registrars & Registries: Don’t Say You Weren’t Warned

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

UK Bill Ups Prison Term for Online Piracy from 2 to 10 Years

The UK government has unveiled its latest Digital Economy Bill as part of an "ambition for the UK to be the most digital nation in the world". more