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Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more
The Ninth Circuit affirmed the district court's ruling in Office Depot v. Zuccarini, agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision is significant for two reasons. First, it affirms (or reaffirms) that domain names are property subject to the claims of creditors... more
A cybersecurity bill introduced in the U.S. Senate on April 1st, 2009 would give the United States federal government extraordinary power over private sector Internet services, applications and software. This proposed legislation is a direct result of a review ordered by the Obama administration into government policies and processes for defending against Internet-born attack. The focus of the bill, according to a summary released by the sponsoring senators, is on establishing a new partnership between the public and private sectors in a joint effort to bolster Internet security... more
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
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
"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
The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases against individual file sharers. The RIAA now says it will focus less on pursuing infringement litigation and more on working with internet service providers to shut down the accounts of individuals suspected of illegally trading files. more
In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more
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
The Virus Bulletin Conference last month had some good presentations, including this one by Fabio Assolini of Kaspersky. He spoke about how Brazil is the the newest up-and-comer on the cyber crime block. The tale begins with the story of Igor and Emily, two cyber criminals operating out of Brazil. Together, the two of them stole $300,000 US from a single Brazilian bank in one year. 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
A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more
In the U.S., it is a federal crime to use malware to intentionally cause "damage without authorization" to a computer that is used in a manner that affects interstate or foreign commerce. Most, if not all, U.S. states outlaw the use of malware to cause damage, as do many countries. The Council of Europe's Convention on Cybercrime, which the United States ratified a few years ago, has a provision concerning the possession of malware. Article 6(1)(b) of the Convention requires parties to the treaty to criminalize the possession of malware "with intent that it be used for the purpose of committing" a crime involving damage to a computer or data... more
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
The Swedish court ruling on Thursday will result in confiscation of 'ThePirateBay.se' and 'PirateBay.se' from one the worlds most popular torrent websites. more
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