Law

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more

It’s Official: 2016 Was a Record Year for Domain Name Disputes

As I predicted more than three months ago, 2016 turned out to be a record year for domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP). That's according to statistics from the World Intellectual Property Organization (WIPO), the only UDRP service provider that publishes real-time data on domain name disputes. WIPO's statistics show 3,022 cases in 2016 -- an increase of almost 10 percent from 2015. The previous most-active year for domain name disputes was 2012... 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

Here’s the Largest URS Complaint Ever Filed

A complaint under the Uniform Rapid Suspension System (URS) may -- like the Uniform Domain Name Dispute Resolution Policy (UDRP) -- include more than one domain name, but few URS complaints have done so. Now, one new URS case just changed everything. In the largest URS case ever filed, an expert at the Forum ordered the suspension of 474 domain names in a single proceeding. more

You Cannot Tell Your Customers to ‘Shut Up’ Anymore - Consumer Review Fairness Act Signed Into Law

Bad idea: Set up a business and provide poor goods or services; receive bad reviews online for your poor goods or services. Worse idea: Instead of treating your customers' feedback as free expert advice and listening to their suggestions on how to improve your business, sue your customers -- experience the Streisand Effect -- resulting in increased media coverage highlighting your lousy goods, service, and treatment of customers. Ensure that negatives reviews of your business get the widest exposure possible. more

Google Begins Publicly Sharing National Security Letters

In a note released this week, Google announced that it will begin publicly sharing National Security Letters (NSLs) it receives that have been freed of nondisclosure obligations either through litigation or legislation. more

All About the Copyright Office’s New DMCA System

Website publishers that want to protect themselves against claims of copyright infringement must participate in a new online registration system created by the U.S. Copyright Office for the Digital Millennium Copyright Act ("DMCA") -- even if they have participated previously. The new program, launched on December 1, 2016, offers a mandatory online registration system for the DMCA that replaces the original (and clunky) "interim" designation system, which was created in 1998. more

Likely and Behind the Scenes Changes at the FCC

It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily predict that the new FCC will largely undo what has transpired in previous years. However, that conclusion warrants greater calibration. more

UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... 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

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

What Steps Can Africans Take and Lead in Internet Governance and Social Justice?

Almost three years ago, I published a blog post on CircleID titled "Internet Governance: Why Africa Should Take the Lead." I argued that African Internet stakeholders use a 'wait and see approach' in matters as critical as Internet governance," and that African voices are missing in key Internet governance discussion fora. Additionally, I suggested that some reasons for this approach, including that Africa lacks well-trained Internet governance experts and Africans see foreign affairs and international relations as an East versus West dynamic. more

Can the Internet Work Across Borders?

On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more

Certifying to Merit and Proper Purpose in Alleging and Defending Cybersquatting Claims

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

The Strength of Top-Level Domains in UDRP Decisions

Another domain name dispute decision -- this one for '24hour.fitness' -- has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute Resolution Policy (UDRP). As I have written before, the proliferation of new TLDs is having an impact on whether and how UDRP panels consider the TLD in their decisions. more