Law

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

U.S. Congress Nears Breakthrough Agreement on National Online Data Protection Framework

In a landmark move that may pave the way for enhanced online data protection in the United States, key congressional committee leaders are on the brink of finalizing a national framework to safeguard Americans' personal data on the Internet.  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

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

Domain Registrar Hide and Seek

In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. 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

Debugging Legislation: PROTECT IP

There's more than a hint of theatrics in the draft PROTECT IP bill that has emerged as son-of-COICA, starting with the ungainly acronym of a name. Given its roots in the entertainment industry, that low drama comes as no surprise. Each section name is worse than the last: "Eliminating the Financial Incentive to Steal Intellectual Property Online" (Sec. 4) gives way to "Voluntary action for Taking Action Against Websites Stealing American Intellectual Property". more

Google’s Lighthouse Lawsuit - Disrupting the Cybercrime Supply Chain

Google's lawsuit against the Lighthouse phishing syndicate exposes the industrial scale of cybercrime, highlighting how criminals exploit easy access to digital infrastructure to scam millions. The broader supply chain enabling such operations demands urgent reform. 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

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. 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

CADNA Returns to Lobby for Stronger Cybersquatting Laws

Coalition Against Domain Name Abuse, the lobby group that campaigned for stronger cybersquatting laws and against new gTLDs, is back. more

Is More Protection of Intellectual Property Rights Necessary on the Internet?

I firmly believe that we need to protect any form of intellectual properties (IP) built by one through hard and honest work. At the same time, I also believe that several of the current methods of protecting IP, such the as the copyright laws, patent systems and legislations, are not evolving fast enough in order to protect IP and avoid hindering the path of creativity and innovation. more

A Sophisticated Online Counterfeit Ring

Online fakes can be a lucrative business and difficult to crack down on, due to the ease and low-cost of setting up multiple virtual storefronts and the ability to obfuscate an operation's identity. A federal lawsuit filed on March 1, 2010 by Polo Ralph Lauren and VF Corp. illustrates these points and highlights many of the intricacies of an online counterfeit ring. more