Law

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

Royal Cat Loses ICANN UDRP Action

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

An End to Spam Litigation Factories? (Gordon v. Virtumundo)

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

Court Says gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes, Declines LRO Review of .delmonte

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

“Internet Drivers License” - A Short History Lesson

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

UK Government Planning on New Laws for IoT Devices Including a Mandatory Security Labelling Scheme

The UK government on Wednesday announced plans to introduce new laws for internet connected devices to better enforce the inclusion of basic cybersecurity features into IoT devices. more

The Internet and OpenStand: The Internet Didn’t Happen by Accident

On the World Standards Day of 2013 it seems appropriate to recognize that on the Internet and throughout the Web, nothing goes anywhere without standards. These technical standards - communication protocols, data exchange formats, and interfaces - allow different computers and networks to talk to each other. They are the lifeblood around the world for multibillion dollar industries that didn't exist 20 years ago. They are born of a collaborative, open process that prides itself on technical expertise and measures success by the depth and breadth of their acceptance across a hodgepodge of vastly different technologies all interconnected to what we euphemistically call "the Global Internet." more

Cigarette Smuggling and Cyber Security: Low-Tech Crimes Fund High-Tech Threats

You may not connect the cheap cigarettes sold under the counter (or out of a trunk, bodega or by a street vendor) with the mysterious charges on your credit card that you don't remember making or the cash that has, somehow, just disappeared from your bank account. You also may not connect that website selling cheap cigarettes made in second and third world countries with Shellshock or whatever the fashionably scary cyber-threat of the day is when you're reading this. more

‘Spam King’ Sanford Wallace Sentenced to 2.5 Years In Prison

The 47 year old Las Vegas man known as the "Spam King" has been sentenced to 2.5 years in federal prison for sending over half-million spam messages to Facebook users resulting in over 27 million spam messages sent through social networking company's servers. He pleaded guilty last year to one count of fraud. more

Challenging Domain Names for Abusive Registration: UDRP and ACPA

There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more

Internet: Government Dominance or Governance?

In an age where the world has gone global in many forms and guises, the political attention is more and more focussed on national, populist issues, that arise from fear for the unknown. I can't deny it: the future undoubtedly contains many uncertainties. This usually comes with a general public that's afraid and in fear of things they cannot oversee. Thus it is easily aroused by a populist leader who feeds on this fear and throws flammable material on the already smouldering fire. In a time where leadership is called for, it seems lacking. The Internet governance discussion demands visionary leadership on a cross border level and it needs it soon. more

Microsoft, Federal Agencies Take Down Rustock Botnet

Neil Schwartzman writes: "There is a lot of press on the profound effect the take-down of the Rustock botnet, affected by Microsoft, some U.S. federal agencies, and countless others working in the background to assist in the effort. CAUCE has aggregated a few of the best stories and data-points. A community congratulations, and thank-you to all those involved!" more

Why Bitcoin Will Not Solve the Caribbean’s Financial Inclusion Woes

There's a deluge of hype around Bitcoin and blockchain technologies right now, and policymakers and regulators in the Caribbean are doing their best to wrap their heads around the advantages and disadvantages of this virtual currency. Similar questions are being contemplated in the ICTs for development (ICT4D) community, taking into account that electronic money (e-money) platforms such as Safaricom's M-PESA have essentially solved the financial inclusion quandary for millions of people in Kenya. more

.WHO Top-Level Domain Could Be a Bad Idea

Yesterday, taking a look at the "Legal Rights Objection" (3.1.2.2) I read : "An intergovernmental organization (IGO) is eligible to file a legal rights objection if it meets the criteria for registration of a .INT domain name". Taking a look at registered .INT domain names, I found Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal... more

Preventing ‘Techlash’ in 2018: Regulatory Threats

U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more