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12 Common Mistakes Made By Bad Faith Cybersquatters

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

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

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

“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

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

Microsoft Files Three More Cybersquatting Cases

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

Breaking Ground: Historic Launch of UN Global Mechanism for Cyberspace Governance

The international community has long struggled with the challenge of translating international law into actionable norms and practices in cyberspace. The conclusion of the United Nations Open-Ended Working Group (OEWG) on the security of and in the use of information and communications technologies 2021-2025 marks a vital milestone in that ongoing process.  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

DomainTools Sued for Misusing New Zealand’s .NZ Domain Name Registration Information

Domain Name Commission Limited ("DNCL"), New Zealand's overseer for the country's .NZ domain, has filed a lawsuit against the domain name service company DomainTools. more

ACPA Dilemma: Federal Court Denies Injunction in Landmark Case - Cybersquatting Loophole or Legal Oversight?

This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more

The Mainsleaze Blog

Mainsleaze is nerdy slang for spam sent by large, well-known, otherwise reputable organizations. Although the volume of mainsleaze is dwarfed by the volume of spam for fake drugs, account phishes, and Nigerian 419 fraud, it causes work for mail managers far out of proportion to its volume... The problem with mainsleaze is that it is generally mixed in with mail that the recipients asked for, and there's no way to tell the difference mechanically. more

MIT 2010 Spam Conference Starts Tomorrow…

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

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

How Unconscionable is the Profit That Verisign Makes from Its Registry?

VeriSign makes a great deal of money from the .COM and .NET registries. Can we tell how much they make, and how much that might change if the CFIT lawsuit succeeds? It's not hard to make some estimates from public information. The largest gTLD registry that VeriSign doesn't run is .ORG, which was transferred a few years ago to the Public Internet Registry (PIR) which pays Afilias to run the registry, and uses whatever is left over to support the Internet Society (ISOC)... more

Virtual Banishment and the First Amendment: Estavillo v. Sony Computer Entertainment of America

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

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more