Law

CircleID’s Top 10 Posts of 2008

Here is a list of the most viewed news and blog postings that were featured on CircleID in 2008... Best wishes for 2009 and Happy New Year from all of us here at CircleID. more

Mistrust of ICANN Is Fully Vindicated

Recently, I have been reporting on a highly questionable auction scheme for a single domain name, o.com, which is currently being improperly warehoused by ICANN along with a number of other .com and .net domain names. This violates ICANN's Bylaws -- but, so what? more

51 CEOs Call on US Congress for Urgent Nationwide Data Privacy Law Overriding State-Level Laws

A letter, signed by 51 CEOs, was sent to U.S. House and Senate and leaders of other committees today urging policymakers to pass a comprehensive national data privacy law. 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

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China’s .cn

WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more

Hannaford Data Breach Plaintiffs Rebuffed in Maine

A US District Judge in Maine largely granted a motion to dismiss brought by Hannaford in a big data breach case... According to the court, around March 2008, third parties stole up to 4.2 million debit and credit card numbers, expiration dates, security codes, PIN numbers, and other information relating to cardholders "who had used debit cards and credit cards to transact purchases at supermarkets owned or operated by Hannaford." more

US Congress Considering Legislation to Authorize Faster Access to International Electronic Data

A legislation called, Clarifying Lawful Overseas Use of Data Act, or Cloud Act, was introduced on Monday by Congress aimed at creating a clearer framework for law enforcement to access data stored in cloud computing systems. more

EU Privacy Case Could Backfire, Turn EU into Data Island, Say Experts

Experts fear European Union court case attempting to keep personal data private could backfire and prove damaging to Europe. more

US House of Representatives Pass a Bill to Restore Net Neutrality Rules Repealed by Trump’s FCC

The US House of Representatives just passed the Save the Internet Act of 2019 on a vote of 232-190. more

What Happens If Two Applications for a New gTLD Are a City and a Family Name?

When applying for a new gTLD, what happens if two applications for the same extension are a city and a family name? Which one wins? Let's imagine that a person whose family name is "Marseille" applied for the .MARSEILLE new gTLD in the next round of the ICANN new gTLD program. What if there was a .MARSEILLE new gTLD too but as the name of the French city? more

Email Snooping Can Be Intrusion Upon Seclusion

Analysis could also affect liability of enterprises using cloud computing technologies... Local elected official Steinbach had an email account that was issued by the municipality. Third party Hostway provided the technology for the account. Steinbach logged in to her Hostway webmail account and noticed eleven messages from constituents had been forwarded by someone else to her political rival. 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

Does the UDRP Interfere With Free Speech Rights? – The StopSpectrum.com Decision

How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more

U.S. Lawmakers Moving to Consider New Rules Imposing Stricter Federal Oversight on Cryptocurrencies

Reuters reports today that several top lawmakers have revealed a "bipartisan momentum is growing in the Senate and House of Representatives for action to address the risks posed by virtual currencies to investors and the financial system." more