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Developments of Note
VeriSign Drops New 'Site Finder' Service
Less than a month after introducing its new “Site Finder” service to the “.com” and “.net” directories, VeriSign Inc. on Oct. 4 voluntarily stopped the service, bowing to pressure from The Internet Corporation for Assigned Names and Numbers (ICANN) and lawsuits from competitors. Site Finder directs Internet users who misspell or mistype Internet addresses to a VeriSign-operated Web site that contains navigational assistance for the user, search functions and advertising links. It operates similarly to several existing redirect services, however VeriSign's competitors claim Site Finder misuses VeriSign's authority in resolving domain names ' essentially “hijacking” Internet traffic for its own commercial gain and pre-empting the other services. For example, Popular Enterprises filed a $100 million antitrust suit against VeriSign, claiming that Site Finder disrupted the core functionality of its “SmartBrowse” toolbar and resulted in lost revenues. In a letter to VeriSign on Oct. 3, ICANN issued a formal request that VeriSign suspend the service. The letter stated: “Failure to comply with this demand by that time will leave ICANN with no choice but to seek promptly to enforce VeriSigns contractual obligations.”
First Arrest Made Under Truth In Domain Names Act
On Sept. 3, federal authorities arrested notorious cybersquatter John Zuccarini on charges that he violated the Truth in Domain Names Act. The Truth in Domain Names Act was recently enacted as part of larger legislation, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), that also created the national “AMBER Alert” system. The Truth in Domain Names Act makes criminal the use of a misleading domain name to attract a minor into viewing sexually explicit material on the Internet. Zuccarini's arrest is the first under the new law. Zuccarini is accused of creating thousands of misleading domain names, such as “www.dinseyland.com,” that attracted children to pornographic sites and often “mousetrapped” them on those sites.
Britain Criminalizes Spam
British lawmakers introduced new measures that criminalize the sending of unsolicited commercial e-mail and mobile text messages without prior “opt-in” consent from the recipient. The British law, which takes effect on Dec. 11, subjects violators to penalties of up to $8000 from a magistrate, or more if there is a jury trial. There is an exception when the sender and recipient have a prior business relationship, and the law excludes business e-mail addresses from coverage. Britain issued the new rules to comply with a European Union directive requiring member states to act against spam by Oct. 31, 2003, and joins Italy as the second European nation to make spamming a criminal offense.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
VeriSign Drops New 'Site Finder' Service
Less than a month after introducing its new “Site Finder” service to the “.com” and “.net” directories,
First Arrest Made Under Truth In Domain Names Act
On Sept. 3, federal authorities arrested notorious cybersquatter John Zuccarini on charges that he violated the Truth in Domain Names Act. The Truth in Domain Names Act was recently enacted as part of larger legislation, the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act), that also created the national “AMBER Alert” system. The Truth in Domain Names Act makes criminal the use of a misleading domain name to attract a minor into viewing sexually explicit material on the Internet. Zuccarini's arrest is the first under the new law. Zuccarini is accused of creating thousands of misleading domain names, such as “www.dinseyland.com,” that attracted children to pornographic sites and often “mousetrapped” them on those sites.
Britain Criminalizes Spam
British lawmakers introduced new measures that criminalize the sending of unsolicited commercial e-mail and mobile text messages without prior “opt-in” consent from the recipient. The British law, which takes effect on Dec. 11, subjects violators to penalties of up to $8000 from a magistrate, or more if there is a jury trial. There is an exception when the sender and recipient have a prior business relationship, and the law excludes business e-mail addresses from coverage. Britain issued the new rules to comply with a European Union directive requiring member states to act against spam by Oct. 31, 2003, and joins Italy as the second European nation to make spamming a criminal offense.
Julian S. Millstein Edward A. Pisacreta Jeffrey D. Neuburger
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.