Law

Open Systems Lead to ‘Economies of Scope’

The 'economies of scope' is an appealing concept implying that if we share knowledge in an open way we can create new, healthy economies that do not just depend on 'scale'. As we have seen, over the last decade in particular, some of the companies that are trying to achieve exponential growth can endanger the economy and society in general - the global financial crisis surrounding the large financial institutions, the scandals around News Corp, the political lobbying (bullying) by the super rich and the destruction of the environment by some developers. more

LegitScript to Release Monthly Data on Rogue Internet Pharmacy Registrar Clustering

One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more

Brand Owners, Representatives of WIPO and ICANN Discuss New gTLD Concerns

Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more

Internet Governance and the Universal Declaration of Human Rights, Part 3: Article 6-12

Internet Governance like all governance needs to be founded in guiding principles from which all policy making is derived. There are no better fundamental principles to guide our policy making than the Universal Declaration of Human Rights, (UDHR). This article is Part 3 of a series exploring the UDHR as a guide and template for the digital governance and digital citizenship. We discuss UDHR Articles 6 through 12 and address topics such as fundamental digital values, cyberlaw, policymaking and the role of tribunals in digital governance. more

U.S. House of Representatives Passes H.R. 699, the Email Privacy Act

The U.S. House of Representatives voted unanimously today to pass H.R. 699, the Email Privacy Act, closing a loophole that allowed law enforcement authorities to obtain old email and other digital communications without a warrant from the court. more

Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership

In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more

Wow, Sanford Wallace Owes a Lot of Money

Last September MySpace sued ur-spammers Sanford "Spamford" Wallace and Walt "Pickle Jar" Rines were for egregious violations of CAN SPAM. Neither responded, so as was widely reported, earlier this week the court granted a default judgement. Since they sent a lot of spam, the statutory damages came to an enormous $235 million. Even for Spamford, that's a lot of money. more

A Modest Proposal for ICANN

When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more

CircleID Launches the First in a Series of Community Dialogues on COVID-19 and the Internet

The COVID-19 pandemic has led to the rapid migration of the world's workforce and consumer services to virtual spaces, has amplified the Internet governance and policy issues including infrastructure, access, exponential instances of fraud and abuse, global cooperation and data privacy, to name but a few. The need for practical, scalable and efficient solutions has risen dramatically. more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more

WIPO’s Misleading Release

The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

ICANN’s Implementation Recommendation Team for New gTLDs: Safeguards Needed

During the recent ICANN Board meeting in Mexico City, the Board authorized the creation and funding of an Implementation Recommendation Team (IRT). This team was to be comprised of "an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs." more

The Digital Decade – A Look Back

With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more