Law

Colombia Avoids $350 Million Lawsuit Over “.co” Domain Dispute

Colombia has successfully defended itself against a $350 million lawsuit filed by U.S. company Vercara, formerly known as Neustar, in a legal battle over the management of the ".co" internet domain. more

Lawless Canada Emerging as a Spam Haven

The recent Facebook case has placed the spotlight on Canada's ongoing failure to address its spam problem by introducing long overdue anti-spam legislation. The fact that organizations are forced to use U.S. courts and laws to deal with Canadian spammers points to an inconvenient truth – Canadian anti-spam laws are woefully inadequate and we are rapidly emerging as a haven for spammers eager exploit the weak legal framework. 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

Proposed Changes to Australia’s Data Retention Laws Likely to Be Costly

Australians may lose their right to privacy online if the attorney-general has her way. Nicola Roxon's discussion paper is before a parliamentary inquiry. Proposals include storing the social media and other online and telecommunications data of Australians for two years, under a major overhaul of Australia's surveillance laws. The government passed a toned down version of these proposals last week, giving police the power to force telcos to store data on customers for a specific period while a warrant is sought. more

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

US Federal Trade Commission Says It Lacks Resources to Go After Privacy Violations Effectively

At hearing on Wednesday, the U.S. Federal Trade Commission (FTC) urged Congress to pass data privacy legislation and enhance its authority to police large tech companies. 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

Proposed Generative AI Disclosure Act Seeks Transparency and Fairness in AI Training Datasets

In response to ongoing controversies over the use of copyrighted content in training artificial intelligence, U.S. Representative Adam Schiff has introduced the Generative AI Disclosure Act 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

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

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

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

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

The Hague to Probe Cyberwarfare Under Existing International Law

In a recent article published by WIRED Magazine, a significant shift in international law regarding cyberwarfare has been brought to light. The International Criminal Court (ICC) at the Hague has signaled its intention to investigate and prosecute hacking crimes that breach existing international law without the need for new regulations. more