Law

ICANN: Termination of Registrar EstDomains to Go Ahead

The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..." more

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more

Email User Safety At Risk - MAAWG Consumer Survey 2010

The 2010 version of the now-annual Messaging Anti-abuse Working Group (MAAWG) 'Email Security Awareness and Usage Report' was released yesterday. While un-belied by the title, the vernacular name might get a bit more attention: "The MAAWG Consumer Email Survey". ... Consumers were surveyed in North America and across Europe with variety of questions from computer expertise and savvy, to their preferences of email. more

WHOIS Access and Interim GDPR Compliance Model: Latest Developments and Next Steps

WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders. more

Internet Governance and the Universal Declaration of Human Rights, Part 4: Article 13-15

This is Part 4 of a series of articles published (here in CircleID) on the UDHR and human rights in the cyberspaces of the Internet Ecosystem. Here we discuss Articles 13-15 and touch on other topics such as the role of cyber governance, empowered digital citizenship, and whistleblowers. At this point in this series of articles on the UDHR in the digital age, it is useful to pause and remind ourselves of the purpose of this analysis. more

Qualcomm’s Licensing Practices Are Illegal, U.S. Judge Rules

A U.S. district court judge rules that Qualcomm violated anti-trust laws and has ordered the chip maker to change some of its licensing and negotiation practices. more

Is Internet Part of the Curriculum of Universities?

Recently I joined my son, who is in his final high school year, to visit the open day of the newly founded Leiden University College in The Hague. The school focuses on Liberal Arts & Science and offers a broad education on (international) politics, philosophy and economy. The idea is to prepare the next generation internationally oriented public servants and leaders of the future. Among others they have former Dutch Minister of Foreign affairs and Secretary General of NATO Jaap de Hoop Scheffer as a college professor. more

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more

What We Can Learn from URS Decisions (Hint: Not Much)

In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name dispute policy. URS determinations typically offer no insight into the reasons behind an expert's decision, regardless of whether the determination was in favor of the trademark owner (to temporarily suspend the disputed domain name) or the domain name registrant (to allow the registrant to retain the domain name without interruption). more

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

Canada Considering Right to Repair Legislation Tackling Repair Monopoly Over Brand-Name Devices

Ontario Liberal Member of Provincial Parliament (MPP) Michael Coteau has introduced a bill to enable consumers and independent professionals to repair brand-name computers and phones easily and economically. more