Law

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. 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

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

The Threat from Within - US v. Fowler, SDFL 2010

The security vendor-phobe at the head of the conference bangs on the podium with his shoe declaring that "The greatest threat comes from within! (buy our product for your network's salvation)." Fear as a marketing strategy can never be underestimated. Particular when the fear is of the misunderstood. Media helps stoke the flames of fear-marketing with stories of fired or disgruntled IT staff who reportedly effectuate their revenge on former employers by bricking systems. more

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. 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

Your App Is Increasingly Paranoid

In Canada at the moment a fight has been engaged between Bell Canada, a major carrier, and a recent decision of its regulator, the CRTC, concerning whether the CRTC (the Commission) made the correct decision when it said that the underlying transport system was "telecommunications", while the "app" that was carried was "broadcasting". The decision appealed from (the Klass decision) is important because it marks the first time the CRTC has made a decision on the idea that lies at the core of Internet thinking: that an application floats on top of transport layers. more

ISPs May Be Required to Remove Content, Shutdown Websites Under New EU-Wide Rules

Under a draft legislation approved by the Internal Market and Consumer Protection Committee on Tuesday, national enforcement authorities would be required to have a set of powers to detect and halt online breaches of consumers' rights across the European Union. more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names

The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in respondent's favor. The third circumstance is "you are making a legitimate noncommercial or fair use of the domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue." more

Yahoo Agrees to Pay $50M and Other Costs for the Massive Security Breach Disclosed in 2016

Yahoo today announced it has agreed to pay $50 million in damages and will offer two years of free credit-monitoring services to 200 million people whose email addresses and other personal information were stolen as part of the massive security breach. more

Google’s Simple Home Page Now Patented

Ryan Tate of Valleywag writes: "After a five-and-a-half-year fight, Google and its attorneys have managed to convince federal bureaucrats to bestow a patent on the company's iconic home page. We always thought the page was brain-dead simple, but apparently it's an innovative 'graphical user interface. ...In other words, subject to how the patent is enforced, Google owns the idea of having a giant search box in the middle of the page, with two big buttons underneath and several small links nearby." more

Understanding the Brazilian Court Decision to Arrest Google’s Representative

Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content. A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated, specially those at the EFF website. more