Law

Emergence, Rise and Fall of Surveillance Capitalism, Part 1: Emergence

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

ICA Anti-Phishing Victory Might Be a Curse!

A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more

Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more

A Copycat Canadian Privacy Suit Against Gmail

In July, several people filed attempted class action suits against Google, on the peculiar theory that Gmail was spying on its own users' mail. One of the suits was in Federal court, the other two in California state court, but the complaints were nearly identical so we assume that they're coordinated.Now we have a similar suit filed in provincial court in British Columbia, Canada. more

Questions on the Debate on ‘Closed Generic’ gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more

FCC to Classify Text Messaging as Information Service to Fight Spam Texts, Others Oppose the Move

The FCC has unveiled two proposals as part of its plan to help reduce unwanted phone and text spam however the move is challenged by consumer advocacy groups. more

Was the ClimateGate Hacker Justified? Join the Debate!

A few days ago a story broke where someone hacked into a global warming research institute and stole all emails from the past 10 years, proving a conspiracy. In the vast amount of emails stolen, some emails were also found with clear-cut lies, showing how some scientists conspired to deceive in scientific research about data that did not fit their agenda of proving global warming. I am opening the subject for debate... more

Dissecting the 2022 UK Cyber Security Strategy: The ‘Whole of Society’ Approach

The UK government launched its 2022 Cyber Security Strategy on 15 December 2021, outlining its ambitious plans to improve the resilience of UK institutions and businesses while protecting the country's interests in cyberspace. The strategy signals a more involved approach by the government, which previously relied heavily on the private sector for leadership. The government's stated commitment to a 'whole of society' approach sounds really good on paper, but what exactly does it really mean? more

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception... more

Craigslist Gets a $40 Million CAN-SPAM Judgment

Classified ad site craigslist is famously protective of its contents. While they are happy for search engines like Google to index the listings, they really, really do not like third parties to scrape and republish their content in other forms. In 2013 craigslist sued a company called 3taps which had created an API for craigslist data. They also sued real estate site Padmapper, which showed craigslist and other apartment listings on a map, something craigslist didn't do at the time. more

Encryption and Securing Our Digital Economy

As G20 leaders from around the world gather this week, Germany wants them to agree to a concrete plan -- one that includes affordable Internet access across the world by 2025, common technical standards and a focus on digital learning. Today, the G20 economies, like so many other economies around the world, are digital and interconnected. Digital services have opened up new avenues for sustainable economic growth. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. 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

Internet Vigilantism

Atrivo (aka Intercage), a Concord, California-based Internet hosting service, disappeared from the Internet for around two days recently. They didn't go bankrupt or suffer a physical catastrophe. Their providers simply shut them down by refusing their traffic. This might very well be the first time in history that the Internet community, a cooperative association of networks with no governing body, has collectively put someone out of business, if only briefly. more

Voluntary Collective Licensing of Brand-Sharing Domain Names

The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more