Category: Internet Lawyer

Domain Name Transfers: Dispute Resolution Policy (TDRP)

Domain Name Transfers: Dispute Resolution Policy (TDRP)

Internet Lawyer

When a domain name needs to be transferred from one registrar to another, problems can arise between registrars. ICANN, the global organization that “governs” internet identifier naming systems, has a policy for resolving domain transfer disputes between registrars. The procedures apply only after the registrars have made a good faith attempt to solve the problem on […]

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FCC Preempts Restrictive Broadband Laws – Impact on Michigan

FCC Preempts Restrictive Broadband Laws – Impact on Michigan

Internet Lawyer Revision Legal

On February 26, 2015, the Federal Communications Commission voted to preempt state laws that restrict a municipality’s ability to expand outside its territory. This started when the City of Wilson, North Carolina and Chattanooga, Tennessee wanted to provide broadband service to residents of neighboring towns. They complained to the FCC that because of their state […]

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In Rem Jurisdiction for Domain Names under the ACPA

In Rem Jurisdiction for Domain Names under the ACPA

Internet Lawyer

When domain name owners are faced with litigating against an unknown cybersquatting defendant, the chances of recovery can seem low. However, due to the in rem provisions of the Anti-Cybersquatting Consumer Protection Act (ACPA), domain name owners have a powerful tool to protect their investments. In 1999, Congress passed the ACPA that established in rem jurisdiction […]

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Cybersquatting Enforcement and in Rem Proceedings

Cybersquatting Enforcement and in Rem Proceedings

Internet Lawyer

In rem jurisdiction is the concept that a court can gain jurisdiction over a claim involving a piece of property within its jurisdiction even if the owner of the property is not domiciled in the court’s personal jurisdiction area. This idea is particularly relevant in the online space, as domain names are technically “physically” registered […]

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Domain Theft Causes of Action to Recover Stolen Domain

Domain Theft Causes of Action to Recover Stolen Domain

Internet Lawyer

Domain names are valuable to companies and private individuals alike because they connect entities to the World Wide Web—the Internet Age’s most dynamic, expansive, and heavily trafficked marketplace. Whether dealing in goods, data, or ideas, an online presence is a necessity for almost everyone. However, like all other property, domain names can be stolen. This […]

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Civil Actions Under the Computer Fraud and Abuse Act

Civil Actions Under the Computer Fraud and Abuse Act

Internet Lawyer

The Computer Fraud and Abuse Act (CFAA), codified as 18 U.S.C. § 1030, provides for civil actions arising out of various cyber infractions. The CFAA prohibits: (1) the unauthorized accessing (2) of a “protected” computer (3) with the intent to either (a) obtain information, (b) further a fraud, or (c) damage the computer or its […]

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