Cyber law (also referred to as Cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. It is less a distinct field of law in the way that property or contract are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to apply laws designed for the physical world to human activity on the Internet. Read the full background at Law Wikipedia
I first outline a brief history of free file-sharing technology, then draw some general and domain name lessons, then outline the what, how, and why that make your activism effective and necessary... The domain name industry is decentralized and atomic in that anyone from anywhere in the world can register a domain name, keep the ownershp name and address private, and host it from a country where the U.S. and European legal systems don't apply. Thus, legal action will only drive domain owners further underground. more»
"'Sucks.com is the rightmost anchor of nearly 20,000 domains registered today. Two thousand domains have 'stinks.com' on the right and about the same number of domains begin with the term 'boycott'," write the authors of the recently released paper The Power of Internet Gripe Sites. According to their (interesting) study, 35% of the "brandsucks" domains are owned by the brand while 45% are available for registration. They thus advise brand owners "to take a serious look at the traffic that these names garner and the kind of unique marketing opportunity they can afford." ...I do not fully agree with their conclusions... more»
What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more»
In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more»
Way back in 1995, Wired reporter Simson Garfinkel gave Jeff Slaton the name "Spam King." Less than a year later, Sanford Wallace earned the title -- and soon had to share it (and his upstream provider) with Walt Rines. Others have come and gone; Sanford and Walt reappear every few years, together or separately, only to be sued away again... it seems as if any spammer noticed by law enforcement is immediately crowned "the Spam King," even when there are multiple such crownings happening at the same time. more»
A few years ago, cell phone portability was introduced in the United States which caused a major shift in the market. The same thing happened this past year in Israel, following a major battle involving the cell carriers, consumer groups and the Israeli parliament (The Knesset). What if the same happened with email addresses? Ridiculous, you say? May be so, but there is chatter here in Israel to create a law which forces the local service providers hands to do just that. more»
In a June court ruling, domainer Navigation Catalyst and registrar Basic Fusion lost a cybersquatting lawsuit to Verizon... This is an extremely interesting and potentially precedent-setting case regarding domaining and domain name tasting. The court condemns both practices, leading to a preliminary injunction against the domainer and its registrar based on the Anti-Cybersquatting Consumer Protection Act (ACPA). As far as I can recall, this is the first time that a domainer has lost an ACPA lawsuit in court, and it provides an important data point confirming that domaining can be cybersquatting (a previously unresolved issue)... more»
After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more»
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more»
It gets very ugly when someone owns both, the botnet, and the portfolio of parked domains actively participating in pay per click (PPC) advertising programs, where the junk content, or the typosquatted domain names are aiming to attract high value and expensive keywords in order for the scammer to earn higher on per click percentage. This is among the very latest tactics applied by those engaged in click fraud activites. more»
When contracting parties enter into a contract, third parties generally do not find themselves legally bound to the provisions of an agreement they did not sign up for. However, in the unique case of Compana LLC v. Mondial Assistance SAS, the U.S. District Court for the Northern District of Texas held otherwise. ›››
Oversee.net's domain monetization business, DomainSponsor, today announced that it is rolling out a new set of publisher tools at T.R.A.F.F.I.C. East, which will be held in Hollywood, Florida from October 24 - 28, 2006. ›››