Law

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names. more

Early Disclosure of UDRP Complaints

Under the previous rules for the Uniform Domain Name Dispute Resolution Policy (UDRP), domain name registrants that had a complaint filed against them were supposed to be notified of the complaint by the trademark owner that filed it. Then, a revised set of UDRP rules that went into effect in 2015 eliminated the complainant's obligation to notify the respondent. Instead, the new rules only require the UDRP service provider (such as WIPO or the Forum) notify the respondent, presumably after the registrar has locked the domain name, preventing any transfers. more

UK First Country to Implement Cybersecurity Laws for Smart Devices, Including Banning Easily Guessable Default Passwords

Today UK's new consumer protection laws against hacking and cyber-attacks officially take effect. This legislation, a global first, mandates that all internet-connected smart devices - from smartphones and game consoles to connected refrigerators - meet stringent security standards. more

Lawful Access Bills Proposed for ISPs in Canada

Michael Geist writes: "The bills contain a three-pronged approach focused on information disclosure, mandated surveillance technologies, and new police powers. The first prong mandates the disclosure of Internet provider customer information without court oversight. Under current privacy laws, providers may voluntarily disclose customer information but are not required to do so. The new system would require the disclosure of customer name, address, phone number, email address, Internet protocol address, and a series of device identification numbers." more

8 Facts About 3-Member Panels in UDRP Cases

Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more

German Court Holding Domain Registrar Responsible for Its End User Actions

A German appeals court has held a German domain name registrar (Key Systems) responsible for issuing a domain name to H33t, a torrent-tracking site. The case was appealed, but the appeals court upheld the lower court ruling. more

Russia Hacker Sentenced to 27 Years in Prison by U.S. Federal District Court

A 32-year-old Russia man was sentenced on Friday to 27 years in prison for computer hacking crimes that is reported to have caused over $169 million in damages to small businesses and financial institutions. more

Differing UDRP Decisions Show That Facts Matter

"Past performance does not necessarily predict future results." That's what the U.S. Securities and Exchange Commission requires mutual funds tell investors. But it's also true about domain name disputes. Cases in point: In four recent proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), the operator of a large bank won two decisions but lost two others, despite a track record of having won more than 30 previous UDRP disputes. more

The Sharing Economy and Sec. 230(c) of the Communications Decency Act

The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is the clash between Airbnb and local jurisdictions. San Francisco implemented a local ordinance that permits short-term rentals on the condition that the rental property is registered. In order to register the property, the resident must provide proof of liability insurance... more

World Anti Counterfeiting Day… Staggering Costs Fueled by the Web

Established in 1998 by the Global Anti-Counterfeiting Group (GACG), "World Anti Counterfeiting Day" is held annually in June to raise awareness of the international impacts of counterfeiting and piracy. According to the International Chamber of Commerce (ICC), the cost of counterfeiting is a $600 billion a year problem. MarkMonitor estimates the cost of online counterfeit trade at $200 billion annually. more

When CDA Immunity is Not CDA Immunity

Here's a question: If 47 USC 230(c) (the Good Samaritan provision of the Communications Decency Act) says that online services are not liable for third party content, then can you even sue the online service? Shouldn't the online service be immune from lawsuit? Because, after all, what would be the point of being sued for something for which you cannot be liable? more

Trump Administration Doubles Down on Surveillance

The White House has expressed its full support on the need for permanent reauthorization of Section 702, created "to address an intelligence-collection gap that resulted from the evolution of technology in the years after FISA became law in 1978." more

The hiQ Decision Legalized Infrastructure Theft - We Need a Federal Fix

The hiQ ruling erased legal protections against commercial scraping, leaving infrastructure providers to absorb escalating costs. Without federal action defining data misappropriation, a free-rider AI economy could undermine open networks, investment, and long-term data integrity. more

Ransomware Crime Bill Goes into Effect in the State of California

As of January 1, the delivery of ransomware is illegal in California as per Senate Bill 1137 going into effect. more

Simplifying Legalese

I attended a conference last week on Data Protection and one of the prime issues that cropped was that on the immanent complexity of legalese that prevents users from understanding the Terms & Conditions for which they're signing up when they join a social network, use an app or visit a website. This led to the Users being disinterested in understanding the T&Cs. This had a huge impact on Data Protection Policies since Users were ignorant about how their data was being used... more