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The wrangling around the Communications Assistance to Law Enforcement Act (CALEA) is one of those issues that creeps inexorably forward and is hard to follow unless you're really focusing. So here is a quick, if longish, overview: CALEA is a 1994 statute that requires telephone companies to design their services so that they are easily tappable by law enforcement in need of "call-identifying information." Back in August 2005, following a request from the Dept. of Justice, the Commission moved swiftly to impose CALEA obligations on providers of broadband access services and "interconnected VoIP" services... more
There are many inconvenient truths about radio spectrum sharing and transceiver interoperability that require full ventilation and resolution. Spectrum users want exclusive access and - news flash - they do not like to share! Campaign events, like the Trump Bulter, PA rally, require short notice, forced cooperation between and among federal, state, and local law enforcement officers, as well as a variety of other government agencies. more
The Justice Department has closed its investigation into VeriSign Inc.'s involvement in an auction for the .web internet domain. more
A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more
In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more
We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more. more
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
Multiple reports today indicate that opposition is growing in Europe to plans for three-strikes policies that could lead to the termination of Internet access for some subscribers. In the U.K., protests are mounting over those plans in the recently introduced Digital Economy Bill. The BBC reports that thousands of people have signed a petition urging the government to reconsider its approach, while the Open Rights Group says it has seen a big spike in membership. more
We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more
The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more
They say (whoever "they" are) that good things come in threes, and that certainly seems true for law enforcement against spammers this week. In New York, Adam Vitale was sentenced to 30 months in prison and ordered to pay $183,000 in restitution for a week of spamming AOL back in 2005... In Illinois, an FTC settlement requires Spear Systems and company executives Bruce Parker and Lisa Kimsey to give up $29,000, stop making "false or unsubstantiated claims about health benefits" of their products, and bars them from violating CAN-SPAM ever again... And finally, in Seattle, the Robert Soloway case continues... more
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
The Motion Picture Association of America (MPAA) in its recent submission to the National Telecommunications and Information Administration (NTIA) has raised a stern objection regarding ICANN's attempt to adhere to the EU's General Data Protection Regulation (GDPR), stating that the temporary specification had gone "well beyond what the GDPR mandates." more
As readers of CircleID have seen, there has been a lot of activity (for example, Michael Geist's "Canadian Marketing Association Attacks Anti-Spam Bill"), as the final votes of C-27 grow nearer. The history towards getting a spam law passed in Canada has been a long one. For years, CAUCE encouraged legislators to undertake this important work... Fast forward a few years, and a few governments, and suddenly we have a law tabled in the House of Commons... more
"While SOPA may be dead (for now) in the U.S., lobby groups are likely to intensify their efforts to export SOPA-like rules to other countries," says Michael Geist in a blog post today. Geist writes: "With Bill C-11 back on the legislative agenda at the end of the month, Canada will be a prime target for SOPA style rules. In fact, a close review of the unpublished submissions to the Bill C-32 legislative committee reveals that several groups have laid the groundwork to add SOPA-like rules into Bill C-11 ..." more
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