Law

Law / Most Commented

Kidnapping, Theft and Rape Are Not "Cyber" Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity. more»

KnujOn Releases Internet "Doomsday Book"

Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more»

Click Fraud, Botnets and Parked Domains - All Inclusive

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»

ICA Anti-Phishing Victory Might Be a Curse!

A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. more»

FCC's Comcast Ruling Inconsistent and Incoherent

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»

Comcast vs the FCC - A Reply to Susan Crawford's Article

This is a reply to Susan Crawford's circleid article "Comcast v. FCC - "Ancillary Jurisdiction" Has to Be Ancillary to Something". I started writing a reply to her article, adding some comments I had and also reminding her that she'd predicted this herself, in an earlier circleid article, but it turned out long enough that I decided to submit it as a circleid post instead. On the whole, the facts agree with this CNET article. This court decision was correct, and expected... more»

What's Driving Spam and Domain Fraud? Illicit Drug Traffic

Spam is not about who sent it, it's about who benefits from it. For a moment forget everything you know about filters, zombie PCs, firewalls, spoofing, viruses, beisyan algorithms, header forgery, botnets, or blacklists. These are all methods for sending spam or preventing spam delivery. None of these explain why spam is sent and for far too long all the attention has been paid to the effects and not the driving force. Under the endless onslaught of junk mail it is easy to feel that the goal of the game is send spam and annoy us all. more»

Hotels.com Denied Trademark, Too Generic Says Court

A federal appeals court has ruled that the term "Hotels.com" can't be trademarked because "hotels" is too generic. The hotel information and booking site Hotels.com had argued that even if the word "hotels" is generic, adding a dot-com to it resulted in a term that should be given trademark protection. more»

Analysis of Domain Names Registered Across Multiple Existing TLDs and Implications for New gTLDs

The following is an analysis based on the hypothesis that trademark holders are not, in general, registering their trademarks as domain names across the existing top-level domain namespace. To determine if the hypothesis is true, we examine domain names registered in the popular generic top-level domains ("gTLDs" such as .com, .net and .info), also using other publicly available information such as the USPTO database of trademarks, the English dictionary, DNS entries, UDRP records and whois records. more»

Domain Tasting in the Spotlight

An article in BusinessWeek discusses "domain tasting" and its affects on major brands. The article, titled "The Great Internet Brand Rip-Off", discusses so-called "domain tasting" and how major brands are being exploited through domain tasting combined with typosquatting... It's important to distinguish between the two types of domain tasting... more»

Do We Need Title Insurance for Domain Names?

Over the Thanksgiving holiday I read an article in Forbes (November 13, page 148) about real estate title insurance. The article was about how real estate title insurance is a joke and overpriced. But as I read in the article how titles are investigated, in dawned on me that a title check service for domain names would be helpful. Title checks and title insurance would prevent you from losing money when you bought a stolen domain. Last year I almost got bilked for $5,000 buying domains...before I discovered they were stolen... more»

Trademarking .generics - the .bank Fiasco!

I, for one, have been a proponent of new gTLDs from the early days of their policy development process within ICANN. I always believed that the existing gTLDs -- and mainly the .com space -- have created artificial scarcity, which is primarily responsible for much of the cybersquatting and the abuse trademarks experience. I do not share the same fears as those who argue that new gTLDs will create intolerable levels of cybersquatting or will necessitate defensive registrations from brand and trademark owners alike. more»

What's in a Name?

Internet domain names are truly bizarre. There is nothing especially remarkable about them from a technical perspective, but from a social and political perspective they are all sorts of fun. We can have arguments over control of the DNS root, arguments over whether names are property, arguments over innate rights to specific names, arguments over a registrar's right (or lack thereof) to exploit unregistered names for private gain, and many more arguments besides. In this article, I'd like to explore the argument-space rather than defend any particular position in it. In so doing, I hope to illuminate some novel (or under-emphasised) perspectives on the matter. more»

Forgotten Principles of Internet Governance

Suddenly internet governance has become a hot topic. Words and phrases fly back and forth but minds rarely meet. We do not have discussion, we have chaos. We are not moving forwards towards a resolution. It's time to step back and review some basic principles. 1. Principle: The internet is here to serve the needs of people (and organizations of people); people are not here to serve the internet. Corollary: If internet technology does not meet the needs of users and organizations than it is technology that should be the first to flex and change. more»

DNS Changer

One fine night in November 2011 I got an opportunity to get my hands dirty, working on a project for the United States Federal Bureau of Investigation (FBI). They were planning to seize a bunch of computing assets in New York City that were being used as part of a criminal empire that we called "DNS Changer" since that was the name of the software this gang used to infect a half million or so computers. more»

Industry Updates

Afilias Says "No" to SOPA

Minds + Machines to Announce New .brand gTLD Pricing at INTA

.CO Recognized Alongside Industry Giants in Trademark Industry Awards

Verisign and Coalition for ICANN Transparency, Inc. ("CFIT") Resolve Litigation

MarkMonitor to Co-Chair International Anti-Counterfeiting Coalition Spring Conference

Q4 2010 Fraud Intelligence Report

AusRegistry Int. and Crowell & Moring Join Forces to Support New Top-Level Domain Applicants

MarkMonitor Report: How Scammers Generate Significant Traffic Promoting Suspected Counterfeit Goods

Report Sheds Light on Scale and Complexity of Online Piracy and Counterfeiting Problem

Acquisition Extends Anti-Piracy Capabilities for Digital Content

How Targeting Luxury Brands Online Results in Significant Traffic for Online Scammers

MarkMonitor to Highlight Importance of Cross-Functional Approach to Brand Protection

MarkMonitor to Participate in the International Trademark Association's Annual Meeting

MarkMonitor Year in Review Report: How Escalating Online Brand Abuse is Used to Monetize Web Traffic

MarkMonitor Sets New Standard in Brand Protection with Site Staydown Service