Law

Internet for All Now: Legislation That Needs Your Support

California was recently reminded that rain can be very dangerous. In February, the nation's tallest dam, the Oroville dam in northern California, became so overloaded with rain that over a 100,000 people had to evacuate their homes. Many of them ended up at the fairgrounds, a common place for rural communities to gather in times of disaster. Many rural fairgrounds remain unconnected to broadband Internet services, which can make a dangerous situation worse. Especially during critical times, the public must be able to access resources and communicate with their loved ones through the Internet. more

How Long Does a URS Case Take?

The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more

ICANN to IP Experts: Come Back With a Solution for Internet Trademark Protection

Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. more

Privacy, Risk and Revenue

The nation's leading organization of government, corporate and academic privacy executives -- the International Association of Privacy Professionals -- recently did what good groups do, it issued a report that validated the pursuit of the career it supports... the IAPP reminded all what has long been understood -- privacy is an important and growing risk management activity under the watchful eye (mostly) of general counsels. With $2.4 billions being spent this year and $3 billion next, it is a growth industry. more

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted. more

The ICANN Accountability End Game

It was predictable, and inevitable, I suppose, that the end game of a search for a more accountable ICANN would devolve to a lawyer's contest. When there is money on the table, and when global politics are invoked to one degree or another, it is the lawyers who are tasked to translate lofty goals into precise words on paper that will survive the inspection of judges and courts. And ambitious politicians as well. more

Problems With the Burr-Feinstein Bill

What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside -- I and my co-authors have written on those before -- this bill has many other disturbing features. (Note: I've heard a rumor that this is an old version. If so, I'll update this post as necessary when something is actually introduced.) One of the more amazing oddities is that the bill's definition of "communications" (page 6, line 10) includes "oral communication", as defined in 18 USC 2510. more

‘Beyond the Scope’ of the UDRP

Not all domain name disputes are appropriate for resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP). While the UDRP is clearly the "go-to" legal tool for trademark owners pursuing cybersquatters, some disputes are about larger -- or different -- issues than the UDRP was designed to address. As stated in WIPO's Overview: Depending on the facts and circumstances of a particular case, and irrespective of whether the parties may also be engaged in court litigation... more

Why Cancel a Domain Name in a UDRP Case?

While the most common results of a UDRP proceeding are either transfer of a disputed domain name to a complainant or denial (that is, allowing the respondent to retain it), there is another possible outcome: cancellation. I'm always surprised to see a UDRP decision in which a domain name is cancelled. True, many trademark owners don't really want to obtain control of a disputed domain name (and, instead, they simply want to get it taken away from a cybersquatter). more

The New Privacy Law in California

The State of California often leads the country in addressing regulatory issues. This makes sense since the State has a population of nearly 40 million and an economy that would be the fifth largest in the world if California were a separate country. A new law was enacted on the last day of the California Legislature that was signed by Governor Gavin Newson this month. more

US Copyright Office Expands Security Researchers’ Ability to Hack Without Going to Jail

The Librarian of Congress and US Copyright Office has updated the Digital Millennium Copyright Act extending some essential exemptions ensuring that computer security researchers won't be treated like nefarious criminals for their contributions to society. more

Internet Archive Loses Their CDL Appeal

The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. more

Which Way Does Your Data Flow?

Data may be moving to the cloud, but understanding the physical geography underlying the cloud is becoming increasingly critical. October's decision by the European Court of Justice, striking down key portions of the Safe Harbor rules that some companies had relied on to legally transfer personal data between Europe and the U.S., was only the latest example of the regulatory uncertainty involved in cross-border data flows. While Internet companies have begun to address challenges at the static geographic points where data is resident, understanding the actual paths that data travels is an important and sometimes overlooked part of the compliance analysis. more

Paths of Glory: Privacy Still Matters

The world has changed dramatically for the better over the last 15 years, mainly due to the commercialization of the Internet. That is what I would like to believe. Unfortunately, I am no longer sure. True, the Internet connects all of us with every corner of the world... For the rest, the times may be changing, because there are those who believe that the Internet should be molded to fit those same old bureaucracies and corrupted institutions that have plagued humanity for decades, if not centuries. The solution, many times, feels far out of reach. more

The Price of Lack of Clarity

As anyone reading this blog, assuredly knows, the world is in the grip of a deadly pandemic. One way to contain it is contact-tracing: finding those who have been near infected people and getting them to self-quarantine. Some experts think that because of how rapidly newly infected individuals themselves become contagious, we need some sort of automated scheme. That is, traditional contact tracing is labor-intensive and time-consuming - a time we don't have. more