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Preliminary Thoughts on the Equifax Hack

As you've undoubtedly heard, the Equifax credit reporting agency was hit by a major attack, exposing the personal data of 143 million Americans and many more people in other countries. There's been a lot of discussion of liability; as of a few days ago, at least 25 lawsuits had been filed, with the state of Massachusetts preparing its own suit. It's certainly too soon to draw any firm conclusions... but there are a number of interesting things we can glean from Equifax's latest statement. more»

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more»

Global Content Removals Based on Local Legal Violations - Where are we Headed?

From the Internet's earliest days, the tension between a global communication network and local geography-based laws has been obvious. One scenario is that every jurisdiction's local laws apply to the Internet globally, meaning that the country (or sub-national regulator) with the most restrictive law for any content category sets the global standard for that content. If this scenario comes to pass, the Internet will only contain content that is legal in every jurisdiction in the world... more»

Beware of Extra Fees in UDRP Proceedings

The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more»

The Internet Must Remain Open - Even for Those We Disagree With

Over the past couple of weeks, following the events in Charlottesville, Virginia, there has been significant discussion in social and traditional media about various technology companies removing websites from their servers, or otherwise making them unavailable. As the operators of Canada's Internet domain, we at CIRA are getting numerous inquiries about our stance and policies on this issue. I'd like to use this opportunity to make a couple of clarifications about how CIRA works and what CIRA actually does. more»

.site Domain Names Eclipse .xyz in Dispute Proceedings

Despite the launch of more than 1,200 new generic top-level domains (gTLDs) in recent years, .com remains - far and away - the top-level domain that appears most frequently in decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, some new gTLDs are attracting more disputes, including .site, which has become the new gTLD that, so far this year, has appeared in the most UDRP decisions. The rise of .site represents a change from last year, when .xyz was the most-often disputed new gTLD. more»

Upcoming Brands and Domains Conference to Explore Various Views on DotBrands

After its first edition in Valencia, Brands and Domains will travel this time to the Netherlands where the second conference will take place from the 2nd to 3rd of October 2017. This time, Dot Stories, the main organizer, chose the Hotel Amrath Kurhaus for the event. Nowadays, more than 600 applicants hold already the right to start their own dot brand, but there are not so many who have been brave enough to use it. more»

Proving and Protecting Rights to Domain Names

At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I'm referring to less than 10% of cybersquatting disputes. For 90% or more of filed complaints, respondents have no defensible answer and generally don't even bother to respond. But within the 10%, there are serious disputes of contested rights (contested even where respondent has defaulted). more»

Should the EB-5 Investor Visa Program Recognize Cyber Workers?

The EB-5 Investor Visa Program was created by Congress in 1990 to "stimulate the U.S. economy through job creation and capital investment by foreign investors." The program, administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), provides that entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs. more»

Is a New Set of Governance Mechanism Necessary for the New gTLDs?

In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more»

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more»

When a Domain Name Dispute is 'Plan B'

While having a backup plan is usually a good idea, it's often not an effective way to obtain someone else's domain name - at least not when Plan B consists of a company filing a UDRP complaint with the hope of getting a domain name to which it is not entitled and could not acquire via a negotiated purchase. "Plan B" as a derogatory way of describing an attempted domain name acquisition usually arises in the context of a domain name that is not protected by exclusive (or any) trademark rights, or where the complainant clearly could not prevail in a UDRP proceeding. more»

UDRP and the ACPA Differences, Advantages and Their Inconveniences

The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more»

Trademark Registrations on the 'Supplemental Register' Don't Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more»

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more»

News Briefs

U.S. Department of Justice Demands IP Addresses, Other Details on Visitors to Trump Resistance Site

U.S. Senators to Introduce IoT Security Bill

EFF Cautions Against Unfair TLD Policies, Offers Advice on Choosing New gTLDs for Best Protection

Afghanistan Enacts Law Targeting Online Crime and Militancy

U.S. Lawmakers Wary of Kaspersky Lab, the Russian Cybersecurity Firm

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

Trump Administration Doubles Down on Surveillance

China's New Cybersecurity Law Will Be in Effect Starting Thursday

Trump Signs Cybersecurity Executive Order, Experts Weigh in on the New Draft

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

German Minister Calls for Rules Allowing Nations to Attack Foreign Hackers

Operator of .feedback Says Breach Cured, Threatens MarkMonitor for Disclosure of Confidential Info

ISPs May Be Required to Remove Content, Shutdown Websites Under New EU-Wide Rules

Owner of .Feedback in Breach of Registry Agreement, Rules ICANN

New Cybersecurity Regulations in New York Go Into Effect

ICANN Drifting Toward Online Content Regulation, Says Law Professor

Los Angeles Court Rejects Demand for Preliminary Injunction Preventing ICANN Delegating .AFRICA

CADNA Returns to Lobby for Stronger Cybersquatting Laws

Ransomware Crime Bill Goes into Effect in the State of California

Google Begins Publicly Sharing National Security Letters

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