The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more
Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more
UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more
In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more
On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more
Internet Governance, like all governance, needs to be founded in guiding principles from which all policy making is derived. There are no more fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article as Part 5 of the series of articles (published in installments), and we are revisiting Article 15 to look at empowered Digital Citizenship and Internet Governance, to move on to the rights to a family and property 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
It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more
In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more
U.S. Democratic Senator Ron Wyden released an early draft of a bill today that would subject company CEOs and senior executives to tough penalties including 10 to 20 years of imprisonment for failing to protect consumer data. more
The possibility of unauthorized access to EPA information raises an array of concerns since EPA-held data includes various types of Confidential Business Information, scientific research data, environmental databases, agency plans for responding to "incidents of national significance" and other security-related matters, and environmental monitoring data used in regulatory enforcement actions. more
As an industry insider and technologist, it's always tempting when discussing something new, such as the Trademark Clearinghouse (TMCH), to jump into the gritty details to try solving problems. However, in this case, we would be jumping a step ahead because it's fair to say most of the general community is not well informed about the current implementation challenges around the TMCH. more
A federal court granted a request for attorney's fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet. I thought things were looking good for Asis - whose lawsuits have generated substantial blog fodder - when it recently obtained a 2.5 million dollar default judgment in a spam case. more
U.K. Parliament today released 250 pages of internal emails between Facebook and other tech companies regarding accessing user data through the social network's system. more
Earlier this year, the New Zealand Department of Internal Affairs, the US Federal Trade Commission, and the Australian CMA broke up a large fake drug spam ring known as Herbal Kings, run by New Zealander Lance Atkinson. The NZ government fined him NZ$108,000 (about US$80,000) which, while a substantial fine, seemed pretty small compared to the amount of money he must have made. But today, at the FTC's request a US judge fined Atkinson US$15.5 million, and got his US accomplice Jody Smith to turn over $800,000, including over $500,000 in an Israeli bank. more
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