How many domain names can be included in a single complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP)? Neither the UDRP policy nor its corresponding rules directly address this issue, although the rules state that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder." more
According to the official news agency, Xinhua, implementation of China's controversial Cybersecurity Law will begin on June 1, requiring strict data surveillance and storage for companies operating in the county. more
When the scale of global surveillance carried out by the NSA (USA) and by the GCHQ (UK) was exposed by Edward Snowden through The Guardian, people around the world were shocked to discover how two established democracies routinely resort to methods that they have long deplored -- and rightly so -- in dictatorships, theocracies and other single-party arrangements. In a previous article, I lamented the fact that by carrying out this surveillance on an unprecedented scale, the US and the UK are, in fact, converging with the very regimes they criticize. more
Brian Krebs reporting in Krebs on Security: "Half of all 'rogue' online pharmacies -- sites that sell prescription drugs without requiring a prescription -- got their Web site names from just two domain name registrars, a study released today found. The findings illustrate the challenges facing Internet policymakers in an industry that is largely self-regulated and rewards companies who market their services as safe havens for shadowy businesses." more
Trump and his enablers are well known to disrespect if not disdain legal systems, including public international law. He has effectively abrogated every treaty instrument relating to international communications at the whim of a tweet. His behavior has dishonoured the USA in a way that will take years to remedy. Trump's actions to ban access to Android Operating System updates on Chinese products have significantly harmed cybersecurity worldwide. more
The long-running saga of victims who are pursuing 'state sponsors of terrorism' via ICANN has taken yet another turn. Some time back the Plaintiffs in Rubin & ors -v- Islamic Republic of Iran & ors managed to obtain Writs of Attachment in the Federal court district in Washington (D.C.) courts ordering that the ccTLDs of those respective countries be seized in part-payment of the damages they are owed. ICANN, fairly predictably, became involved at this point. more
Orin Kerr recently blogged about a 9th Circuit decision that held that scraping a public web site (probably) doesn't violate the Computer Fraud and Abuse Act (CFAA)... On its surface, it makes sense – you can't steal something that's public – but I think the simplicity of the rule is hiding some profound questions. One, I believe, can most easily be expressed as "what is the cost of the 'attack'"? That is, how much effort must someone expend to get the data? Does that matter? Should it? more
Turkey's Parliament has passed a bill that includes controversial arrangements concerning the protection of online privacy despite concerns raised by the European Union as well as Turkish NGOs and opposition parties, according to a report today by Turkey's Daily News. more
The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more
Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial jurisdictions) "that the information contained in this [Complaint or Response] is to the best of [Complainant's or Respondent's] knowledge complete and accurate, that this [Complaint or Response] is not being presented for any improper purpose, such as to harass... more
In follow up to reports on ICANN's termination of notorious domain name registrar, EstDomains due to fraudulent activities, the Internet oversight agency is now preparing to transfer domain names of its customers to other registrars... However the question asked by experts is whether any other registrar would have an interest in inheriting EstDomains questionable domain names. more
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
Former U.S. presidential candidate and congressman Rob Paul has filed a complaint with the World Intellectual Property Organization against the registrants of RonPaul.com and RonPaul.org in order to gain control of the domains. more
A recent telephone poll conducted by professors at Berkeley and the University of Pennsylvania concluded, "Contrary to what many marketers claim, most adult Americans (66%) do not want marketers to tailor advertisements to their interest." The study's authors claim that their poll is the "the first nationally representative telephone (wireline and cell phone) survey to explore Americans' opinions about behavioral targeting by marketers." ... But what is most surprising about this poll is not that 66% of users said they do not want tailored online ads, but that 34% of users said they did! more
Net Neutrality has become a hot topic in India, following a brief but high-profile national debate instigated by a consultation paper from the Telecom Regulatory Authority of India (TRAI) that solicited views on what net neutrality is, and whether regulations protecting it are needed in India. The paper also hinted at possible regulation of all kinds of online services (like Skype, Uber, or Google) in the future. But no-one could have predicted what happened next... more