At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more
As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more
Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
The US government is demanding Apple unlock iPhones in about a dozen cases beside the San Bernardino one. In a strikingly similar case, Judge James Orenstein in Brooklyn rejected the government's request for three separate reasons. In the decision the judge refers several times to the San Bernardino case, and it is clear he expects this decision to be an important precedent for that one. more
Tomorrow afternoon at 1pm EST Apple will be giving testimony to the House Judiciary Committee. The session that Apple and others will be taking part in is aptly named, The Encryption Tightrope: Balancing Americans' Security and Privacy In common with other hearings the various witnesses called to speak have already submitted their written testimony, so we can already look at it and analyse it. more
The newly proposed British spying law, the Investigatory Powers Bill (IPB), is reported to include methods that would permit the British government to order companies like Apple to re-engineer their own technology, similar to current demands from the FBI. In addition, if the law passes, it would be accompanied by a gag order. more
The Internet Society today expressed concern over the recent order from the United States District Court for the Central District of California requiring Apple to bypass or disable the auto-erase function on a seized iPhone and to enable the FBI to more effectively conduct a brute force attack on the device. more
The U.S. Senate today passed legislation placing a permanent ban on states' taxing Internet access, sending the measure to President Obama for signing into law. more
As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more
Databases are the infrastructure of the modern administrative state and data is its lifeblood. When the data is contaminated with errors, federal agencies have difficulty performing even the most basic administrative functions such as managing its inventory of office space and protecting the personally identifiable information (PII) of social security number holders. The federal dissemination of unreliable data doesn't just waste money; it undermines public trust in government and leaves it unmanageable. more
Data may be moving to the cloud, but understanding the physical geography underlying the cloud is becoming increasingly critical. October's decision by the European Court of Justice, striking down key portions of the Safe Harbor rules that some companies had relied on to legally transfer personal data between Europe and the U.S., was only the latest example of the regulatory uncertainty involved in cross-border data flows. While Internet companies have begun to address challenges at the static geographic points where data is resident, understanding the actual paths that data travels is an important and sometimes overlooked part of the compliance analysis. more
Yahoo recently become the latest company to join Twitter, Facebook and Google for promising to alert users suspected of being spied on by state-sponsored actors. However UK ministers want to make it a criminal offence for tech firms to warn users of requests for access to their communication data made by security organizations. more
U.S. Senators Jack Reed (D-RI) and Susan Collins (R-ME) have introduced the bipartisan Cybersecurity Disclosure Act of 2015 on Thursday, a bill that seeks to encourage the disclosure of cybersecurity expertise, or lack thereof, on corporate boards at publicly traded companies. more
According to reports today, French police is planning to develop tough laws following the Paris terror attacks to help crack down on anonymous web browsing technology Tor, as well as free WiFi in public places. more
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