Law

Provoking National Boundaries on the Internet? A chilling thought…

The impact of the recently revealed US government data collection practices may go well beyond the privacy ramifications outlined in the Internet Society's statement: expect a chilling effect on global, resilient network architecture. As governments of other countries realize how much of their citizens' traffic flows through the US, whether or not it is destined for any user or service there, expect to see moves to curtail connections to and through the US. more

NTIA Seeks Nominations to Serve on the Online Safety and Technology Working Group

In the midst of the election season, Congress passed a plethora of Internet related laws. Most involved child protection. One involved webcaster protection. Wasting no time, the impact of the new laws is already being felt through federal agency implementation. On Friday, the National Telecommunications and Information Administration (NTIA) in the Department of Commerce released the following notice... more

EU Ruling on Google Ad Keywords: Implications for Brand Owners

In a landmark judgment issued this past Tuesday, the European Court of Justice (ECJ) ruled that Google is not liable for trademark infringement when an advertiser purchases a keyword based on a competitor's trademark to trigger a search ad, so long as it removes infringing ads promptly when notified by brand owners. However, and this is critical, individual advertisers could be held liable if ads triggered by a keyword involving a competitor's trademark are found to confuse consumers. So, what qualifies as consumer confusion? more

Filing Cybersquatting Complaints With No Actionable Claims

I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the Anticybersquatting Consumer Protection Act (ACPA). While sanctions for reverse domain name hijacking are available in both regimes, the UDRP's is toothless and the ACPA's a potent remedy. more

Does Renewing a Domain Name Count as “Registering” a Domain Name Under the ACPA?

The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more

Why It Doesn’t Matter That the Virginia Anti-Spam Law was Struck Down

If the headlines are to be believed, spam is now entirely legal in Virginia and anyone can send whatever they want without any fear of reprisal, ever. Looking beyond the headlines, it appears that the Virginia Supreme Court's ruling in AOL's case against formerly convicted spammer Jeremy Jaynes declares that the Virginia anti-spam law violates the Constitutional protection of anonymous speech, and thus is null and void. more

Time to Take Stock: Twelve Internet and Jurisdiction Trends in Retrospect

With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more

Why the Blackout Never Happened: Internet Governance Lessons From Poland’s Energy Sector

Poland thwarted a large-scale cyberattack on its energy grid without disruption, offering a rare case study in critical infrastructure resilience, decentralised energy governance, and the balancing act between openness and digital security. more

A to Z on Internet Policy and Regulation – Brazil 2022

Time has come again, another year of general elections in Brazil. Some 30,000 candidates are running for Executive and Legislative seats: 1 President, 27 State Governors, 27 Federal Senators, 513 Federal Deputies, 1059 State Deputies, 24 District Deputies to govern 212+ million people and one of the largest economies in the world. For a few lucky industries, success and failure do not correlate with who is in power; for others, policy and regulation are everyday business. more

WIPO Snafu Over britishmuseum.org Case?

WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The "parties" section of the case lists the respondent as "British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America." 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

A Telegraph-Era TLD?

While doing research for a paper on telegraph codebooks, I was reminded of something I had long known: one could have short addresses for telegrams. A short article in The New Yorker described how it worked in New York City. Briefly, one could pick more or less any name that wasn't in use, and list it with the Central Bureau for Registered Addresses... more

Achieving a Cyber-Reliant Infrastructure

Don't worry about the bad guys turning out the lights. Worry about everything they're stealing while the lights are still on. The theft of intellectual property ranging from Hollywood films to defense secrets is underway by cyber-criminals of various stripes. Maintaining control over intellectual property may be the single most important challenge to American economic security. Implementing a cyber-reliant infrastructure is a national challenge which crosses the traditional boundaries between economic sectors and between public and private domains. more

Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

ICANN’s San Francisco Meeting

I was sitting around on a Sunday afternoon catching up with a backlog of work watching the Philadelphia Eagles beat the New York Giants in an unbelievable comeback, when I visited the ICANN website and noticed the new logo for the upcoming 40th ICANN regional. ...I personally thought the original choice of the San Francisco logo looked confusingly similar to Cisco's registered trademark. more