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Here's the The Lowdown
from DN Journal,
updated daily
to
fill you in on the latest buzz going around the domain name industry.
The Lowdown is
compiled by DN Journal Editor & Publisher Ron
Jackson. |
![](http://www.dnjournal.com/images/gossip.gif)
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Proposed
New Law Would Make "Rights Holders" Judge,
Jury and Executioner With Website Owners in Their
Crosshairs
ICA
Legal Counsel Phil Corwin
posted
some news
on the Internet Commerce
Association's website Thursday that
should make the hair on the back of your
neck stand up. Some proposed new
legislation (called the
“E-PARASITE Act” - an acronym
for ‘‘Enforcing and Protecting
American Rights Against
Sites Intent on Theft
and Exploitation Act’’) is
being considered in the U.S. House of
Representatives that would put
domain and website owners at the
complete mercy of "rights
holders."
Corwin,
who is based in Washington, D.C.
where he keeps an eye on all legislative
matters that may impact domain owners,
wrote this about the 79-page House
proposal: "It would require payment providers
and ad networks to terminate their services to a website upon
mere receipt of a letter from a rights holder
alleging that the website was one “dedicated to theft of U.S. property”. |
![](../../../../images/lowdown/corwin-phil.jpg)
ICA
Legal Counsel Phil Corwin |
So
much for due process! Corwin noted,
"Any domain registrant who has ever received an aggressive and
unsupported cease-and-desist letter from a trademark attorney has got to be concerned by the prospect of having a domain’s
ad and payment services shut down absent any court review. The bill would provide the website owner with the ability to seek
after-the-fact judicial lifting of the ad and payment suspension – but this expensive and uncertain option would occur during a period when the website had been
deprived of all income! Overall, this approach creates major due process concerns and clearly
tips the balance against domain registrants and in favor of rights holders."
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![](https://dnjournal.com/events/photos/2009-drt/capitol-320.jpg)
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I
would urge you to read
Corwin's post that has all
of the details about this ill-conceived
idea and follow his recommendation that
you immediately contact your Representative
to alert them that the House Judiciary Committee
will reportedly hold a hearing on the proposal on
November 16th, 2011 with the intention of holding a “markup” to report it out of Committee shortly thereafter.
Corwin
said that U.S. domain investors and developers
should, at a minimum, request that the Judiciary Committee hold
multiple balanced hearings to explore all the aspects of this complex and controversial proposal before proceeding to
any votes. |
A
complete list of members of the House Judiciary Committee can be found at
http://judiciary.house.gov/about/members.html. |
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One other
note today. The ICM
Registry has extended the
.xxx Sunrise registration periods
(that were originally scheduled to end
today) for an additional three days. That
means that rights holders will have an
opportunity to secure their domains and
protect their brands up to the new
deadline which is Monday, October 31,
2011 at 16:00 UTC (Noon U.S.
Eastern time).
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(Posted Oct.
28, 2011)
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