Law

Government Regulation of Cybersecurity: Partnership (or Power Grab) in the Making?

A cybersecurity bill introduced in the U.S. Senate on April 1st, 2009 would give the United States federal government extraordinary power over private sector Internet services, applications and software. This proposed legislation is a direct result of a review ordered by the Obama administration into government policies and processes for defending against Internet-born attack. The focus of the bill, according to a summary released by the sponsoring senators, is on establishing a new partnership between the public and private sectors in a joint effort to bolster Internet security... more

ICANN’s Implementation Recommendation Team for New gTLDs: Safeguards Needed

During the recent ICANN Board meeting in Mexico City, the Board authorized the creation and funding of an Implementation Recommendation Team (IRT). This team was to be comprised of "an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs." more

Obama’s Missed Opportunity

According to National Journal, Susan Crawford is joining the Obama administration in a significant new role... This does not make me happy. Crawford is not a technologist, and the job that's been created for her needs to be filled by a person with deep knowledge of technology, the technology business, and the dynamics in research and business that promote innovation... more

Susan Crawford to the White House on Ada Lovelace Day

Just in time for Ada Lovelace Day comes the news that Susan Crawford (Wikipedia, CircleID) is headed to the White House as special assistant to the president for science, technology, and innovation policy... more

WIPO Cybersquatting Report Ignores Real UDRP Trends

The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more

Latest Cybersquatting Stats from WIPO

According to latest reports from the World Intellectual Property Organisation (WIPO), allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP). This represented an 8% increase over 2007 in the number of generic and country code Top-Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. To improve efficiency and respond to growing demand, WIPO has proposed an "eUDRP Initiative" to render the UDRP paperless... 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

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... 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

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more

Proposed Law Seeks to Expose Internet Addressing for Child Safety

U.S. Republican politicians on Thursday introduced a bill that would require Internet service providers and network operators to track the use of and maintain records for their publicly accessible wired and wireless networks. Two bills have been introduced... Each of the bills carries the title "Internet Stopping Adults Facilitating the Exploitation of Today’s Youth Act," and is referred to as the "Internet SAFETY Act." more

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

Analysis of Domain Names Registered Across Multiple Existing TLDs and Implications for New gTLDs

The following is an analysis based on the hypothesis that trademark holders are not, in general, registering their trademarks as domain names across the existing top-level domain namespace. To determine if the hypothesis is true, we examine domain names registered in the popular generic top-level domains ("gTLDs" such as .com, .net and .info), also using other publicly available information such as the USPTO database of trademarks, the English dictionary, DNS entries, UDRP records and whois records. more

Should We Make the Possession of Malware a Crime?

In the U.S., it is a federal crime to use malware to intentionally cause "damage without authorization" to a computer that is used in a manner that affects interstate or foreign commerce. Most, if not all, U.S. states outlaw the use of malware to cause damage, as do many countries. The Council of Europe's Convention on Cybercrime, which the United States ratified a few years ago, has a provision concerning the possession of malware. Article 6(1)(b) of the Convention requires parties to the treaty to criminalize the possession of malware "with intent that it be used for the purpose of committing" a crime involving damage to a computer or data... more

Law Requiring Sex Offenders to Hand Over All Internet Passwords Going Too Far?

Maybe you've seen one of the news stories about the revised Georgia statute (Georgia Code § 41-1-12) that now requires sex offenders to turn their Internet passwords, screen names and email addresses over to authorities. The purpose of the revised statute is to give authorities the ability to track what sex offenders are doing online, to, in the words of one news story, "make sure" they "aren't stalking children online or chatting with them about off-limits topics." more