Law

The UDRP and Judicial Review

The courts of the United Kingdom have set themselves outside the mainstream of Internet consensus policies on trademark/domain name disputes. A U.K. court decision regarding the UDRP reflects an unfortunate tendency to overlook one of the fundamental principles of the UDRP, namely the opportunity to seek independent resolution of a trademark/domain name dispute by court proceedings. more

Ten Years of UDRP

In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more

Government Hacking: Proposed Law in the Netherlands

In 2012 I wrote a blog on CircleID called State hacking: Do's and don'ts, pros and cons. In this post I give some thoughts to the concept of a government "hacking back" at criminals. The reason for this was an announcement by the Dutch government that it contemplated law along these lines. The proposed law is now here: the Act Computer Criminality III. more

“Restoring” Internet Freedom for Whom?

Recently, a colleague in the Bellisario College of Communications asked me who gets a freedom boost from the FCC's upcoming dismantling of network neutrality safeguards. He noted that Chairman Pai made sure that the title of the FCC's Notice of Proposed Rulemaking is: Restoring Internet Freedom. My colleague wanted to know whose freedom the FCC previously subverted and how removing consumer safeguards promotes freedom. more

Report On National Online Cybercrime and Online Threats Reporting Centres

Today I released a report on 'National cyber crime and online threats reporting centres. A study into national and international cooperation'. Mitigating online threats and the subsequent enforcing of violations of laws often involves many different organisations and countries. Many countries are presently engaged in erecting national centres aimed at reporting cyber crime, spam or botnet mitigation. more

Europe and Data Protection: We Need a Real Debate - Exactly What We Don’t Have Now

Europe is at the forefront of the global debate about data protection and privacy. Unfortunately that debate is characterised more by hyberbole and scaremongering than real discussion. Europeans deserve better -- and so does the world, who rightly see Europe as a leader on this subject. The new Commission has a chance to truly lead in partnership with governments, like Brazil, that agree with us. more

Registering and Monetizing Personal Names

At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more

Why the Fukushima Analogy Was Apt

A few days ago, CAUCE published a blog post entitled "Epsilon Interactive breach the Fukushima of the Email Industry" on our site, and the always-excellent CircleID. A small coterie of commenters was upset by the hyperbolic nature of the headline. Fair enough, an analogy usually has a high degree of probability that it will fail, and clearly, no one has died as a result of the release of what appears to be tens of millions of people's names and email addresses. But, the two situations are analogous in many other ways, and here's why. more

Minding the GAC and the Heckler’s Veto

ICANN meetings sometimes congeal around a single theme. In San Francisco the theme was captured on clever t-shirts bearing the iconic symbol of the London Underground with the words, "Mind the GAC." Here was a succinct and timely plea for the ICANN Board to pay serious attention to the Governmental Advisory Committee (GAC)'s concerns about new generic Top-Level Domains (gTLDs), rather than to risk undermining the long-term viability of the multi-stakeholder model. more

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more

More Provocative Reasons for a Mandatory National Breach Disclosure

I read, with some small amount of discomfort, an article by Bill Brenner on CSO Online, wherein he interviewed several other CSOs and other "Security Execs" on their opinions on the firing of Pennsylvania CISO Robert Maley. For those who haven't heard about this, Mr. Maley was fired for talking about a security incident during the recent RSA conference without approval from his bosses. more

No GDPR Action Against Any Big Tech Firms Since Law Imposed Last Year, Doubts Escalate Over Enforcer

Last year Europe imposed GDPR, arguably the world's toughest standard for data privacy and now, a year later, there has yet to be any enforcement action against a big tech firm. more

The Impact of Reverse Domain Name Hijacking on Supplemental Filings in UDRP Cases

In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more

Thinking Carefully About New gTLD Objections: String Confusion (Part 1 of 4)

Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more