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Craigslist Gets a $40 Million CAN-SPAM Judgment

Classified ad site craigslist is famously protective of its contents. While they are happy for search engines like Google to index the listings, they really, really do not like third parties to scrape and republish their content in other forms. In 2013 craigslist sued a company called 3taps which had created an API for craigslist data. They also sued real estate site Padmapper, which showed craigslist and other apartment listings on a map, something craigslist didn't do at the time. more»

Internet for All Now: Legislation That Needs Your Support

California was recently reminded that rain can be very dangerous. In February, the nation's tallest dam, the Oroville dam in northern California, became so overloaded with rain that over a 100,000 people had to evacuate their homes. Many of them ended up at the fairgrounds, a common place for rural communities to gather in times of disaster. Many rural fairgrounds remain unconnected to broadband Internet services, which can make a dangerous situation worse. Especially during critical times, the public must be able to access resources and communicate with their loved ones through the Internet. more»

The Limits of Notice and Takedown

In The Limits of Filtering, Evan Engstrom and Nick Feamster argue eloquently that the costs of a "takedown-staydown" system to defend against copyright infringement would be prohibitive for online service providers (OSPs) and therefore deprive OSPs of otherwise interested investors. I agree that Engstrom and Feamster raise some valid points, particularly including that content recognition technologies are not perfect... However, we must also remember that the current DMCA regime imposes significant costs... more»

Why Cancel a Domain Name in a UDRP Case?

While the most common results of a UDRP proceeding are either transfer of a disputed domain name to a complainant or denial (that is, allowing the respondent to retain it), there is another possible outcome: cancellation. I'm always surprised to see a UDRP decision in which a domain name is cancelled. True, many trademark owners don't really want to obtain control of a disputed domain name (and, instead, they simply want to get it taken away from a cybersquatter). more»

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more»

How to Get a Domain Name Transferred Under the URS

The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more»

While Cyberspace Is Entering an Era of Warring States, There Remains a Chance to Make a Difference

For the non-state actors who are making efforts to approach cybersecurity issue in a different and creative way, the state actors, however, have given clear signs that they have exhausted their patience and insisted on doing things alone by bringing traditional old tricks back into cyberspace. This is exemplified in the bilateral meeting of two cyber sovereigntists - the Chinese and U.S. presidents on April 6-7, and in the multilateral G7 Declaration on Responsible States Behavior in Cyberspace on April 11. more»

Encryption and Securing Our Digital Economy

As G20 leaders from around the world gather this week, Germany wants them to agree to a concrete plan -- one that includes affordable Internet access across the world by 2025, common technical standards and a focus on digital learning. Today, the G20 economies, like so many other economies around the world, are digital and interconnected. Digital services have opened up new avenues for sustainable economic growth. more»

Dissecting the (Likely) Forthcoming Repeal of the FCC's Privacy Rulemaking

Last week, the House and Senate both passed a joint resolution that prevent's the new privacy rules from the Federal Communications Commission (FCC) from taking effect; the rules were released by the FCC last November, and would have bound Internet Service Providers (ISPs) in the United States to a set of practices concerning the collection and sharing of data about consumers. The rules were widely heralded by consumer advocates, and several researchers in the computer science community, including myself, played a role in helping to shape aspects of the rules. more»

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more»

Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more»

How Long Does a URS Case Take?

The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more»

Is Call Forwarding an "Information Service" and Why It Matters for FTC Jurisdiction

Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd... The FTC brought an action against Defendants claiming that they were engaged in cramming, adding unwanted voicemail, electronic fax, and call forwarding services to consumers bills to the tune of $70 million. more»

How Long Does a UDRP Case Take?

The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more»

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more»

News Briefs

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

Court Dismisses .Web Lawsuit, Says Agreement Not to Sue Is Enforceable

US DMCA Rules Updated - Now Legal to Hack Devices, Cars, Video Games, If Done in 'Good Faith'

Controversial Chinese Cybersecurity Law Gets 3rd Reading

European Court Declares Dynamic IP Addresses are Subject to Privacy Protection Rules

UK Security Agencies Have Unlawfully Collected Data for 17 Years, Says Court

IP Address Information Misused by Authorities Says EFF, Not Enough to Justify Police Raids

Feds Shut Down Largest File-Sharing Site KickassTorrents - Founder Arrested, Domains Seized

UK Bill Ups Prison Term for Online Piracy from 2 to 10 Years

ICANN Says It Will Not Get Directly Involved With Infringing Domains

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