Law

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

Black Frog: Next Generation Botnet, No Generation Spam Fighting

Black Frog -- a new effort to continue the SO-CALLED Blue Security fight against spammers. A botnet, a crime, a stupid idea that I wish would have worked -- News items on Black Frog. Blue Frog by Blue Security was a good effort. Why? Because they wanted to "get spammers back". They withstood tremendous DDoS attacks and abuse reports, getting kicked from ISP after ISP. ...The road to hell is filled with good intentions. Theirs was golden, but they got to hell, quite literally, non-the-less. ...When Blue Security went down, some of us made a bet as to when two bored guys sitting and planning their millions in some café would show up, with Blue Security's business plan minus the DDoS factor. Well -- they just did. 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

A Landmark Standards Human Rights Judgment

On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more

ICANN Wins a Very Weak TLD Lawsuit

Back in the 1990s as the Internet was starting to become visible to the world, several people had the bright idea of setting up their own top level domains and selling names in competition with what was then the monopoly registrar Network Solutions (NSI). For these new TLDs to be usable, either the TLD operators had to persuade people to use their root servers rather than the IANA servers, or else get their TLDs into the IANA root. Attempts to get people to use other roots never were very successful... more

Content Blocking at the DNS Level in Germany

For those who follow the issue of blocking illegal content from the Internet, there is an interesting development in relation to this issue here in Germany, and I will tell you a little about it. One way to make it difficult to access illegal content is to block it directly in the DNS. But what is DNS for? Basically, it serves to translate the domain name into the IP of the server that is hosting the content. By blocking directly at the DNS level, a query to a domain will no longer bring the server's IP number, and with that, the user no longer accesses that content. 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

It’s Time to Talk Solutions on Mass Surveillance

The public discussion of surveillance one year on from the Snowden revelations remains a search for the biggest sinner. New stories 'outing' countries and companies are great transparency and essential for healthy societies but they have a side effect that isn't so benign: they create an evergreen source of new justifications for security services to demand more money for a surveillance and counter-surveillance arms race. more

Compliance Overhaul a Start

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

Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filters Not a Violation

The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held that the transmission of "commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters" does not violate California's spam statute. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

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

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more

Cyber-Terrorism Rising, Existing Cyber-Security Strategies Failing, What Are Decision Makers to Do?

While conventional cyber attacks are evolving at breakneck speed, the world is witnessing the rise of a new generation of political, ideological, religious, terror and destruction motivated "Poli-Cyber™" threats. These are attacks perpetrated or inspired by extremists' groups such as ISIS/Daesh, rogue states, national intelligence services and their proxies. They are breaching organizations and governments daily, and no one is immune. more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

How Not to Get Your Mail Delivered

A small company in suburban Philadelphia called Holomaxx recently filed two lawsuits against large webmail providers, complaining that they weren't delivering mail from Holomaxx. The first suit is against Microsoft and Return Path, and the second suit is against Yahoo and Cisco/Ironport. Neither is going anywhere. more