Here's another example of a domain name dispute where the top-level domain (TLD) was essential to the outcome of the case -- because it formed a part of the complainant's trademark: mr.green. In this decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), the panel joined a short but (slowly) growing list of disputes in which the TLD plays a vital role. more
The Internet never ceases to fascinate. I am referring not to its content, but to its governance. The IANA transition is the latest example in a world of interesting possibilities. At the core, we find ICANN, and that is why we need a Human Rights Advisory Committee. Any future model, with or without the NTIA, needs to seriously consider this option. But I prefer the hard truth over my own ideals. Maybe this idea will be dismissed, simply because human rights are discussed as some kind of inconvenience. more
"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew Allemann in Domain Name Wire. more
The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel." more
"'Sucks.com is the rightmost anchor of nearly 20,000 domains registered today. Two thousand domains have 'stinks.com' on the right and about the same number of domains begin with the term 'boycott'," write the authors of the recently released paper The Power of Internet Gripe Sites. According to their (interesting) study, 35% of the "brandsucks" domains are owned by the brand while 45% are available for registration. They thus advise brand owners "to take a serious look at the traffic that these names garner and the kind of unique marketing opportunity they can afford." ...I do not fully agree with their conclusions... more
The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more
ICANN is currently going through a complicated process in order to introduce more Top-Level Domains (TLDs). While the launch of new TLDs is something that a lot of people will welcome it is not without its issues. One of the areas that has been receiving quite a bit of attention is in relation to intellectual property rights. So what has this got to do with privacy? more
A Court of Appeals in Kentucky has granted a motion to delay a forfeiture hearing that will determine the fate of 141 domain names related to online gambling and poker sites. The Interactive Media Entertainment and Gaming Association (iMEGA), an Internet trade association based in Washington, D.C., asked the three-panel appeals courts to grant a stay so that the appeals court could consider iMEGA's petition to have the lower court seizure ruling overturned. more
The EARN IT Act was reintroduced into Congress last Monday, with the promise that it would end Internet platforms' "blanket immunity" for "tens of millions of photos and videos" of child sexual abuse that they allow to circulate online. With the bill already scheduled for hearing in committee, it's on track to be passed quickly. And why shouldn't it be, if its sponsors' claims about it are true? Perhaps because they're not true. more
Schneier's insight is considered particularly important according to EFF, as more and more is learnt "about the unconstitutional surveillance programs from the National Security Agency and the depth and breadth of data the NSA is collecting on the public." more
The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more
In June, I attended the St. Petersburg International Economic Forum ("SPIEF"), organized by the Russian government's Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg... I participated on a panel entitled "Can IP Be Protected in the Internet Age?" Right away, I trust many of you find the titling odd... more
Not so long ago, the notion of introducing laws and other regulatory responses to address cyber security issues was regarded with significant hesitation by governments and policy makers. To some extent, this hesitation may well have stemmed from a general perception by those who do not work directly in the field that the world of cyber security is somewhat of a 'dark art'. More recently, however, there has been a substantial shift in this attitude, with proposals to regulate a range of cyber security related matters becoming increasingly numerous. more
e360 initially filed suit against Comcast early in 2008. They asserted a number of things, including that Comcast was fraudulently returning "user unknown" notices and that they were certified by ReturnPath. Comcast filed a countersuit alleging violations of CAN SPAM, violations of the computer fraud and abuse act, as well as a number of other things including abuse of process. In April of 2008 the judge ruled in favor of Comcast and dismissed e360's case, while allowing the countersuit to proceed. more
Something bad happens online. I can tie that something-bad back to an IP address. Do I know who did the bad thing? According to the Federal District Court in Arizona, I don't. An IP address may identify the owner of an Internet access account; it does not identify who was online at that particular time and who may be responsible for the actions in question. In Breaking Glass Pictures v Does, DAZ 2013, Plaintiff brought a claim for copyright infringement, wants early discovery, but the court is refusing. more
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