E-COMMERCE AND TECH LAW
BLOG
May 16, 2012
by Thomas O'Toole
Canadian law firm Fasken Martineau finds that few businesses in the United States appreciate the liability risks created by Canada's recently passed anti-spam legislation. That could be an expensive oversight, they say.
May 7, 2012
by Thomas O'Toole
The Internet Corporation for Assigned Names and Numbers, an organization that is frequently the target of complaints of self-dealing and indifference to the public welfare, is missing a huge opportunity to repair its reputation.
April 13, 2012
by Thomas O'Toole
The Ninth Circuit ruled last week that the government couldn't premise a criminal prosecution for computer fraud based on violations of a computer use agreement. Some folks on Capitol Hill are looking to "overrule" that ruling.
April 10, 2012
by Thomas O'Toole
An en banc panel of the Ninth Circuit speaks clearly on the interplay between computer use policies and liability under Computer Fraud and Abuse Act for unauthorized access of protected networks.
March 28, 2012
by Thomas O'Toole
The .com top-level domain is one of only three generic domains that still have a lightweight, “thin” WHOIS database of domain registrant contact information. Yesterday’s publication of a proposed Registry Agreement for .com, which will run until 2022, means that trademark owners can scratch that agreement off the list of possible sources for WHOIS improvements.
February 28, 2012
by Thomas O'Toole
In comments filed with the Internet Corporation for Assigned Names and Numbers, both Microsoft and Yahoo! urged the domain name administrator to consider permitting brand owners who file purely “defensive” applications for the top-level domain corresponding to their mark to receive a refund of most of their $185,000 application fee in the event their mark is not applied for by a third-party.
February 28, 2012
by Thomas O'Toole
The European Parliament begins its examination of the Anti-Counterfeiting Trade Agreement (ACTA) this week. The EP's International Trade Committee is scheduled to discuss ACTA on Feb. 29, followed by an educational workshop on March 1. Both sessions will be webcast live.
February 27, 2012
by Thomas O'Toole
The world's governments don't have to respect the consensus-driven, multi-stakeholder, private-sector-led approach to domain name administration embodied by the Internet Corporation for Assigned Names and Numbers. They can do as they please. The example of the European Banking Authority, which recently called on ICANN to halt any efforts to create a .bank top-level domain, could be a harbinger of things to come.
February 27, 2012
by Thomas O'Toole
Uncertainty—rather than specific aspects of the Internet Corporation for Assigned Names and Numbers new top-level domains initiative—appears to be fueling most brand owners' concerns about defensive registrations in the new gTLDs.
February 13, 2012
by Thomas O'Toole
Amid widespread protests in Europe, the Anti-Counterfeiting Trade Agreement is injected into the upcoming French presidential election by Socialist party candidate Francois Hollande.