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

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

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

Will the Trademark Clearinghouse Fulfill its Potential?

ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs. more

Another Spam Case Lost in Washington, or Gordon Strikes Again

Bennett Haselton, who runs the Peacefire anti-censorship site, is one of the more successful anti-spam litigants. He says he's filed about 140 suits, mostly in small claims court, and has won the majority of the suits that got far enough to be decided on the merits. But last month, in Federal court in Seattle, he lost a suit against Quicken Loans that he should have won, partly because of his own mistakes, but largely because of the pernicious effect of Gordon vs. Virtumundo. more

CircleID’s Top 10 Posts of 2007

Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. more

Email Ad Network Isn’t Liable for Spam: Ferron v. Echostar

John Ferron is one of several "repeat" plaintiffs around the country suing over unsolicited email (perhaps not coincidentally, he's also an attorney). In this case, Ferron sued a variety of defendants associated with unsolicited email promoting dish satellite offerings for violations of Ohio's consumer protection law and the Electronic Mail Advertising Act (EMAA). more

Examining Stuart Lynn’s Domain Name Plans - Part II

In the last article we examined the language in Stuart Lynn's A Plan for Action Regarding New gTLDs, and I addressed concerns about specific language in that document. In this article, I will examine several questions of importance that need to be addressed when discussing new gTLD policy; questions that Mr. Lynn leaves unanswered in his proposal... more

Top Ten Internet Law Developments of 2012

I'm pleased to share my list of top 10 developments of 2012... I'm surprised whenever I read about a new European ruling that's adverse to a Silicon Valley company, because at this point I assume that everything Silicon Valley companies do in Europe is already illegal. Google, Facebook and other Silicon Valley players are under constant legal attack in Europe on countless fronts. Everyone might be happier if the Silicon Valley players just got out of Europe altogether. 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

Is America Getting More Like China?

Since Obama became President -- and yes, I voted for him -- there has been a great deal of optimism and energy around the idea that the Internet can be used to improve or "reboot" our democracy. The Administration has hired some great people to work on making government more open and transparent. This is all great. But how much good will all of this nifty e-government do for American democracy if citizens' rights to privacy and free expression are not also fiercely defended? more

Court OKs Private Seizure of Domain Names That Allegedly Sold Counterfeit Goods

Luxury brand Chanel has engaged in a fierce campaign against counterfeit websites in federal court in Nevada. It has seized approximately six hundred domain names in the last few months, reports Venkat Balasubramani. "I'm sympathetic to the "whack-a-mole" problem rights owners face, but this relief is just extraordinarily broad and is on shaky procedural grounds." more

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

Another Thanksgiving and Another 131 Domain Names Seized by Homeland Security

Last year I wrote a post right after Thanksgiving entitled: "While You Were Eating You're Turkey Homeland Security Was Seizing 9 Domains". Well I could have repeated the headline today except the number would be 131 domains rather than just 9. Looks like Homeland Security is going to make domain seizures on Thanksgiving as common in the US as Turkey and Stuffing. more

Bitcoin Domain Names Become Popular - and Attract Disputes

Cryptocurrencies (such as Bitcoin) are all the rage -- so, naturally, related domain name disputes are, too. The wild fluctuations in cryptocurrency prices (Bitcoin hit a low of close to $6,000 this week, after reaching an all-time high of more than $19,000 only two months ago, and less than $1,000 a year ago) have attracted speculators, regulators and now even cybersquatters. more