DNS
/ blogs
/ May 07, 2008 6:52 PM PST
I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. ›››
DNS
/ blogs
/ Apr 26, 2008 12:25 PM PST
The essay expands a cooperative solution to third-party use of brands in domain names. Like any approach that depends on cooperation, the solution will require both sides to change behavior but also allow both sides to take credit for the resulting benefits, i.e. a triangular solution. If not immediately addressed, the problem of third-party use can become a major threat to the industry. But we already know one thing: when it comes to this issue, legal action and bullying don't work. ›››
The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... ›››
DNS
/ blogs
/ Apr 04, 2008 11:02 AM PST
Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting is the title of an article by Christopher Varas in the April issue of the Journal of Intellectual Property Law & Practice. In this article, the author labels "modern cybersquatting" the monetization of domain names through PPC advertisements, and says that brand owners lack effective tools to combat this practice... ›››
DNS
/ news
/ Mar 28, 2008 3:54 PM PST
World Intellectual Property Organization (WIPO) has received 2,156 complaints alleging "abusive registration of trademarks on the Internet" in 2007, up 18 percent from 2006 and 48 percent more than the filings lodged in 2005. Most complaints came from the pharmaceutical, banking, telecommunications, retail and entertainment sectors. ›››
DNS
/ blogs
/ Mar 26, 2008 8:17 PM PST
In the past week, Comcast filed an answer, denying all of E360's charges, and attached to it a motion to file a most impressive counterclaim. The court granted the motion on Monday so the counterclaim has been filed. At about the same time, E360 filed its response to Comcast's previous motion to dismiss the suit due to its utter lack of legal merit. ›››
DNS
/ news
/ Mar 18, 2008 3:32 PM PST
The company behind the proposed .xxx top-level domain, which was rejected after the Bush administration intervened, has been trying to dig up embarrassing government documents through a federal lawsuit. Make that "was trying." Last week a federal judge granted summary judgment to the Bush administration in the Freedom of Information Act (FOIA) lawsuit brought by the ICM Registry. ›››
DNS
/ blogs
/ Mar 15, 2008 10:12 PM PST
Large scale spammer Robert Soloway, whose criminal trial was scheduled to start in a week and a half pled guilty to most of the charges against him. The indictment made three categories of charges. Counts 1-10 were mail fraud, due to Soloway delivering his spamware through the mail, and the product egregiously failing to be what he said it was, notably including 30 million addresses purported to be opt-in. Counts 11-17 seven were wire fraud, sending spam making false claims about the product, support, guarantee... ›››
DNS
/ blogs
/ Mar 11, 2008 7:11 PM PST
In the aftermath of the shutdown of Wikileaks.org by a court order issued at the request of Swiss Bank Julius Baer, Wikileaks has called for the boycott of registrar eNom. eNom is best known as the domain registrar that complied with the federal government's order to shut down a Spanish travel agency because it did business with Cuba -- the agency was not under U.S. jurisdiction and so was hardly violating U.S. law, but their domain was registered in the United States, and that was good enough for the feds. ›››
DNS
/ blogs
/ Mar 06, 2008 11:19 AM PST
Back in January, bulk mailer E360 filed a suit against giant cable ISP Comcast. This week Comcast responded with a withering response... Their memorandum of law wastes no time getting down to business: "Plaintiff is a spammer who refers to itself as a "internet marketing company," and is in the business of sending email solicitations and advertisements to millions of Internet users, including many of Comcast's subscribers." Comcast's analysis is similar to but even stronger than the one I made in January... ›››
DNS
/ blogs
/ Mar 04, 2008 4:03 PM PST
In the news lately have been a number of incidents where U.S. courts, or the U.S. government itself has ordered domain registrars to shut down free speech. First was the E360 vs Spamhaus case, in which accused spammer E360 Insight sued anti-spam organization Spamhaus for labeling them as spammers and won by default when Spamhaus insisted that U.S. courts did not have jurisdiction over them in England and didn't appear. Unfortunately, U.S. courts did have jurisdiction over Spamhaus' domain registrar, who was nearly ordered to shut Spamhaus down (a court order was under consideration). Fortunately, Spamhaus was able to move their registration overseas before any shutdown order could be issued... ›››
Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... ›››
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... ›››
DNS
/ blogs
/ Feb 29, 2008 4:59 PM PST
Thanks to Prof. Goldman I see that the Virginia Supreme Court issued its opinion in Jaynes, the state-law criminal spam case that has wound its way through the courts there. It affirms the conviction and rejects the various challenges to Virginia's spam statute... As a side note I should say that it's not often one is actually excited to read an order in a case you're not involved with. This is definitely one of those instances where the excitement is palpable... The news reports billed the case as the first felony conviction for sending spam. ›››
Broadband
/ blogs
/ Feb 28, 2008 12:17 PM PST
The Comcast traffic shaping case has stirred up passionate debate. Net neutrality proponents are calling for Comcast's head on a platter. The common argument is that Comcast's policy may stifle innovation and competition. If a service provider is allowed to exercise unregulated discretion in how it treats subscriber traffic, it is a slippery slope toward anti-competitive practices. Net neutrality says keep your hands off. Some are preaching net neutrality as if it were an inalienable human right like freedom of speech... ›››