Domain Name Commission Limited ("DNCL"), New Zealand's overseer for the country's .NZ domain, has filed a lawsuit against the domain name service company DomainTools. more
The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more
The Federal Court has penalized two related companies, Domain Corp Pty Ltd and Domain Name Agency Pty Ltd, for tricking Australians out of a total of $2.3 million. more
It is not uncommon for government agents to force technology companies to create or install malicious software in products in order to help them with surveillance. The American Civil Liberties Union (ACLU) has released a guide for developers that is intended to help preserve security and customers' privacy. more
I've been ruminating on this for a while, this follow-up that was a decade in the offing. My article Trench Warfare in the Age of The Laser-Guided Missile from January 2007 did pretty good in terms of views since I wrote it. Less so in terms of how well the ideas aged or didn't, but that's the nature of the beast. Everything gets worse, and simultaneously, better, and so here we are: Using embarrassingly ancient approaches to next-generation threats. Plus ça change. more
The integrity of any legal system depends on the quality of mind of those appointed to administer it. There are expectations that the one judging the facts and applying the law knows what the facts are and what law to apply. Panels appointed to adjudicate disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) are not held to any lower standard than the judges of courts of competent jurisdiction. more
When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more
The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more
In a submission to the Joint Committee on Law Enforcement's inquiry into Impact of new and emerging information and communications technology, the Department of Home Affairs and Australian Criminal Intelligence Commission (ACIC) warn law enforcement will be degraded by a number of new technologies. more
WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders. more
A legislation called, Clarifying Lawful Overseas Use of Data Act, or Cloud Act, was introduced on Monday by Congress aimed at creating a clearer framework for law enforcement to access data stored in cloud computing systems. more
Reuters reports today that several top lawmakers have revealed a "bipartisan momentum is growing in the Senate and House of Representatives for action to address the risks posed by virtual currencies to investors and the financial system." more
Cryptocurrencies (such as Bitcoin) are all the rage -- so, naturally, related domain name disputes are, too. The wild fluctuations in cryptocurrency prices (Bitcoin hit a low of close to $6,000 this week, after reaching an all-time high of more than $19,000 only two months ago, and less than $1,000 a year ago) have attracted speculators, regulators and now even cybersquatters. more
The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more
U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more
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