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
In a letter released on Monday, the Internet Society Board of Trustees has expressed concern with a number of U.S. legislative proposals that would mandate DNS blocking and filtering by ISPs to protect the interests of copyright holders. "Policies mandating DNS filtering undermine the open architecture of the Internet and raise human rights and freedom of expression concerns," says Internet Society (ISOC). more
On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. more
U.S. senators on Tuesday announced plans to introduce legislation seeking to address vulnerabilities in IoT devices. more
What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more
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
This is serious. I'm not joking. You can look it up. Morgan Stanley brought a UDRP action involving the domain name 'mymorganstaleyplatinum.com' against a registrant identified as "Meow ("Respondent"), Baroness Penelope Cat of Nash DCB, Ashbed Barn, Boraston Track, Tenbury Wells, Worcestershire WR15 8LQ, GB." The decision summarizes the response... more
The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech. more
When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn't trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize any new statutory right for a litigation frenzy... Although I personally think Congress would better served all of us by omitting all private enforcement rights in CAN-SPAM, unquestionably the private rights in CAN-SPAM are drafted narrowly to prevent their abuses. That hasn't stopped some zealous anti-spammers from testing the limits of CAN-SPAM's private enforcement remedies anyway. more
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
It would be reasonable to assume that your employer is archiving your email communications. But what about your personal emails, texts, phone calls and Facebook posts. Are these really private? Not for long, if the UK government has its way. It has been reported that its new anti-terror plan, if passed, would require Internet providers and phone companies to store all online communications by UK citizens for one year. more
In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more
A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more
The press, the blogosphere, CircleID - everybody has been discussing Craig Mundie's comment on the need for an "Internet Driver's License". Most of the reaction has been from privacy advocates fearing that this is simply another way to kill anonymity on the Internet. Oh well... that's the usual set of reactions. Now... the fun part is, a driver's license also shows that you have the competence to drive... more
The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more
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