Law

Digital Rights Management or Digital Restrictive Management?

We are all accustomed to purchasing and/or using copyrighted material in one fashion or another. From music, movies-(BluRay), e-books-(Kindle), computers-(software), mobile phones-(iPhone) and games; the umbrella of companies wanting to restrict access to its products continues to grow and become increasingly restrictive. more

Thinking Carefully About New gTLD Objections: Community (3 of 4)

My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more

Abusive Conduct: Domain Name Registrants and Rights Holders

Abusive conduct or cybersquatting is the essence of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), usually by domain name registrants violating their warranties of registration but also (in appreciable numbers) by trademark holders overreaching their statutory rights. The UDRP remedies are asynchronous: there is forfeiture of offending domain names; for abusive use of the process there is reverse domain name hijacking (RDNH), essentially a shaming remedy that substitutes for a monetary penalty. more

Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more

Global Spam Levels Drop Following Certain Events

If you haven't noticed lately, spam levels around the world have started dropping especially in October after a couple of events occurred. The first is a Russian crackdown on alleged spam king Igor Gusev, thought to be involved in the operations of SpamIt.com. SpamIt mysteriously shut down in late September, perhaps because Gusev caught wind of law enforcement starting to take notice of him. more

ACLU, Anti-Spam Laws, and the First Amendment

In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more

Canadian Spam Law Update

As you may know, there are two laws currently being discussed in Canadian legislative assemblies: Senate Bill S-220, a private member’s bill with private right of action and criminal remedies; Parliamentary Bill C-27, tabled by the government, with private right of action, coordination between various enforcement agencies... more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more

Biggest Fine Yet: French Watchdog Slaps Google With a $57M Fine Under the New GDPR Law

France's data privacy watchdog has fined Google 50 million euros ($57 million) under the European Union's General Data Protection Regulation (GDPR) making it the most significant regulatory enforcement action since the law came into effect in May. more

Downsizing Sao Paulo

On January 27th the Executive Multistakeholder Committee (EMC) held its first meeting to plan the "Global Multistakeholder Meeting on the Future of the Internet Governance" scheduled to be held in Sao Paulo on April 23rd-24th. A review of that planning session's results indicates a Sao Paulo meeting with downsized attendance and, most likely, accompanying expectations.  more

ICANN - Dispenser of Internet Justice

The following is a paper presented as a keynote speech at Studienkreis 2013 in Pisa, Italy last week. ICANN is beginning to look more and more like a government. It assesses taxes, it has amassed an enormous treasury, it passes laws with international effect, and it has developed an ad hoc judiciary system to enforce its laws. This paper will take a look at that judiciary system and ICANN as dispenser of Internet justice. more

It’s Official: 2016 Was a Record Year for Domain Name Disputes

As I predicted more than three months ago, 2016 turned out to be a record year for domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP). That's according to statistics from the World Intellectual Property Organization (WIPO), the only UDRP service provider that publishes real-time data on domain name disputes. WIPO's statistics show 3,022 cases in 2016 -- an increase of almost 10 percent from 2015. The previous most-active year for domain name disputes was 2012... more

Domain Name Disputes Break Two Records in 2017

The year 2017 turned out to be a record-setting year for domain name disputes, in two ways: The number of complaints filed as well as the total number of domain names in those complaints. Specifically: The number of cases at WIPO crept up to 3,073 from 3,036 in 2016 (the previous record), a modest gain of just over 1 percent. Those cases included 6,370 domain names, up from 5,354 in 2016 (also a record-setting year), a spike of nearly 19 percent. more

Five Countries are Considering Anti-Spam Laws

The international press is alight with reports of various countries considering privacy and anti-spam legislation. It appears that many countries have arrived at the logical conclusion that after years of supposed 'self regulation'; some marketers must be brought to heel by way of regulation and law, to stop abusive practices. more