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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
A man from the northern New Jersey area was charged and arrested for stealing a domain name belonging to the owners of P2P.com. According to reports, he allegedly transferred the ownership of the domain name to himself and succeeded in reselling it on eBay to a professional basketball player Mark Madsen of the Los Angeles Clippers. more
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
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more
Doug Isenberg notes in a recent CircleID essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). Fairly consistently from year to year, approximately twenty percent of filings are terminated (withdrawn): whether by settlement or nolo contendere we don't know. (All of these statistics come from the World Intellectual Property Organization (WIPO). more
With the first anniversary of the European Union's General Data Protection Regulation (GDPR) approaching in just a few days, Microsoft's Corporate Vice President and Deputy General Counsel, Julie Brill says GDPR has been an important catalyst for progress in privacy protection around the world. more
In the wake of the election, sweeping policy shifts in the information economy are set to accelerate. Expect fast-tracked FCC reforms, Starlink subsidies, and AI-driven oversight to redefine media, tech, and regulatory landscapes. From relaxed antitrust to intensified media control, these eleven reversals signal a move toward deregulation and Chicago School libertarianism, with lasting impacts on U.S. markets and governance. more
We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more
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
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. more
The Canadian government released a statement saying "Facebook committed serious contraventions of Canadian privacy laws and failed to take responsibility for protecting the personal information of Canadians." more
The latest report on young people's online music-finding habits from consumer research company The Leading Question has attracted a fair amount of coverage for its headline finding that UK teenagers use of filesharing services has dropped by a third... Music industry pollsters will inevitably look for a silver lining in the cloud of consumer behaviour, and a focus on the growth of legal services is to be expected. But even with that caveat in mind, there has clearly been a shift in behaviour as more young people find licensed ways to listen to the music they want, watching YouTube videos, streaming songs through MySpace and Spotify and generally using legal avenues to find and enjoy the music of new bands like Florence and the Machine. more
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 National Arbitration Forum has just handed down its decision in respect to the three domain names locked down at Public Domain Registry in response to the City of London Police Intellectual Property Crime Unit takedown requests. The decision is in favour of easyDNS and orders the three names to be transferred to us. more
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