ICANN Domain gTLD Expansion

With many more people coming online, there are a lot of similar ideas
for domain names. If your domain is taken in the .com, you have the
option of registering a .net, .org, or a limited number of other TLDs,
which includes country code TLDs (e.g. .US).

Now ICANN has opened up the possibility of multiple new TLDs to allow
for 'vanity' TLDs (see announcement here:
http://icann.org/en/announcements/announcement-4-26jun08-en.htm).

Although the new possibility may not be available until early 2009,
once it starts, there will be many new TLD options that may cater to
everyone's needs, especially those with specific target industries
(similar to .travel today).

Look forward to new online storefronts next year!

New Use for Google Data

As discussed in an article from the New York Times, Google search data via Google Trends is being used to try and help define what is 'obscene', based on what users are searching for in a given locality. Keep track of this case in the First Circuit Court for Santa Rosa County to see the effectiveness of using Google data for other types of cases. 

Updated CAN-SPAM

The FTC released additional rules / clarifications for the CAN-SPAM act recently: http://www.ftc.gov/os/2008/05/R411008frn.pdf

 

The updates include:

 

1) "An e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender;"

 

and 

 

2) "A "sender" of commercial e-mail can include an accurately-registered post office box or private mailbox established under United States Postal Service regulations to satisfy the Act's requirement that a commercial e-mail display a "valid physical postal address";"

 

DocStoc

Here is an interesting website that I have been using recently to find useful documents: http://www.docstoc.com/


Docstoc Content Partnership Program (CPP) - Get more documents

Domain Parking

As of March 20, 2008, it looks like the Vulcan Golf v. Google et al
case is moving forward for now (Case Number - 1:2007cv03371). The case
involves certain entities involved in the domain parking and
monetization business and the thought of whether they are liable for
their actions that may involve the infringement of a Trademark via a
domain name and/or its content.

Anti-Phishing Consumer Protection Act of 2008

A new bill has been proposed in Congress (it has not passed or become law yet): The Anti-Phishing Consumer Protection Act of 2008 

  

Essentially, under Sec. 3(b) of the bill, any deceptive or misleading domain names that are confusingly similar to a business name, entity, or government body, regardless of whether there is a trademark registration or not, could be in violation of this law.

 

The penalties (Sec. 4(f)(3)) are $250/violation (up to $750/violation if found to be willful), up to a maximum of $6 million, plus attorney fees.

 

While it may be good to help reduce Phishing practices, it may be going too far to cover any domain owner, even with a generic domain, that is not engaged in any phishing activity.

Cyberpiracy Prevention - Part 1

In the next series of posts, I look to break down the Cyberpiracy / Anti-Cybersquatting law. Specifically, I'll take a look at 15 U.S.C. § 1125.

 

As stated in that section, a person shall be liable in a civil action by the owner of a mark if, without regard to the goods or services of the parties, that person (i) has a bad faith intent to profit from that mark AND (ii) registers, traffics in, or uses a domain name that (1) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (2) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or (3) is a trademark, word, or name protected by reason of section 706 of title 18 or section 220506 of title 36.

 

In the next post, we shall analyze bad faith and certain elements that courts take into consideration.

Backup

Although a lot of programs that you normally use are going online, online storage should not be your only option. The use of a backup solution is recommended, in the event there is some software error or other problem with the online system. So, when you get a chance, save any files you have online to your computer or backup device - just in case!

SPAM - Part 12

If you receive spam that you believe violates the CAN-SPAM Act, since a private person cannot go after the alleged spammer under the CAN-SPAM Act, you can utilize one of the following entities to pursue the matter further:

1) You can forward spam directly to the Federal Trade Commission at SPAM@UCE.GOV

2) You can contact your state's attorney general

3) You can contact your Internet Service Provider (i.e. cable, dsl, dial-up) and/or e-mail provider (i.e. yahoo, hotmail, gmail)

SPAM - Part 11

No person should send an e-mail message that includes sexually oriented material and—

1) fail to include in subject heading the words "SEXUALLY-EXPLICIT"

and

2) fail to include in the body of the message:
 a) the words "SEXUALLY-EXPLICIT"
 b) a clear and conspicuous mechanism to opt out
 c) a postal address, and
 d) instructions on how to access the sexually oriented material without any other information or images.

SPAM - Part 10

It is unlawful to send a commercial e-mail message if the e-mail address was obtained using an automated means:

1) from an Internet website operated by another person that had a notice stating that the operator of such website will not give, sell, or otherwise transfer addresses maintained by such website to any other party for the purposes of initiating, or enabling others to initiate, e-mail messages;

or

2) that generates possible e-mail addresses by combining names, letters, or numbers into numerous permutations.

 

SPAM - Part 9

Any commercial e-mail sent must provide the following:

1) clear and conspicuous identification that the message is an advertisement or solicitation, unless the recipient already gave consent to receive the message;

2) clear and conspicuous notice of the ways to opt out of future e-mail;

and

3) a valid physical postal address of the sender.

SPAM - Part 8

If a recipient requests to opt out of further e-mail communication(s) from sender, then it is unlawful for the sender (or any person acting on behalf of sender) to:

1) send such e-mail communication to recipient more than 10 business days after the receipt of the opt out request (unless re-requested);

and/or

2) to sell, lease, exchange, or otherwise transfer or release the recipient's e-mail address.

SPAM - Part 7

Disabling further communication:

The sender must provide a recipient with the ability to opt out of and/or cancel future e-mail messages that are considered Spam under this act via: 1) a reply to the e-mail address listed as the sender and/or other functioning return e-mail address clearly and conspicuously displayed or 2) an Internet-based mechanism.

SPAM - Part 6

False or Misleading Subject Line:

If you have been rummaging through new spam this new year, another item to check for is in the subject line.

It is unlawful for any person to send an e-mail if they know that the subject line would likely mislead a recipient about a material fact regarding the contents or subject matter of the message.

An example would be for a subject line to read 'Read More About Golf' but the content of the message is actually related to inappropriate adult content.