New Bill in US Senate Threatens Domain Registrants! - Page 2

EbookLover · 03-05-2008, 10:27 PM

Petition signed. I do hope RJ decides to send out an email to his list. This is one of those times that a list can prove to be powerful. Only 622 petition signers as of this posting. We need 2,000.

This thread should have been entitled...

"New Law to Steal Your Domains Away from You!"

or

"US Senator Stealing Domains!!!"

...or something to that effect. Short and shocking. It would get this thread more views and therefore more petition signings. Effective marking is very important for threads like these and for important matters such as this.

But thanks for posting it though. Rep given

***EG.domains*** · 03-05-2008, 10:30 PM

Signed.

MinionDH · 03-05-2008, 10:31 PM

I just noticed this thread. Here's a recent post I made regarding this topic:

If you don't fully understand this issue, I urge you to read a few of the following posts/articles (from cnet, ComputerWorld, CircleID, etc):

????: NamePros.com http://www.namepros.com/industry-news/441421-new-bill-us-senate-threatens-domain.html
What can you do?

Donate to the ICA (better yet join). They are the only association that fights specifically for the rights of domain owners. They are currently working hard to fight this bill but they need your support!
Sign the online petition at SnoweBill.com (Over 600 people have signed in the past few hours)
Raise awareness by informing others of this issue.

Most importantly, take action now before it's too late.

sihar07 · 03-05-2008, 10:41 PM

Signed. Put at my newst Blog's post. Cmon my fellow domainers... don't let this robbery happen.

AussieDomainer · 03-05-2008, 10:45 PM

I've signed and left a message as to why this could destroy the livelihoods of many hard working individuals and small businesses by handing over their hard earned assets to the big TM companies.

If you haven't signed yet, do it now.

planoali · 03-05-2008, 10:51 PM

Signed.

***mwzd*** · 03-05-2008, 10:56 PM

The good Senator has deigned to blog about this -

http://blog.thehill.com/2008/02/29/p...-olympia-snowe

Quote:

It also facilitates the restoration of trust and consumer confidence that has been eroded by the prevalence of deceptive emails and websites, which has, in part, mired the Internet from achieving its full potential.

It's full potential of getting hijacked by her backers, the big money crowd over at cadna.org, seems more palatable to the lady.

mlmleads · 03-05-2008, 10:59 PM

signed.. BUMP

nicedomains · 03-05-2008, 11:23 PM

Nice, the last hour approx. 60 new signatures... Keep signing domainers!! Pass the word!

labrocca · 03-05-2008, 11:47 PM

Originally Posted by mwzd

Those sites with real content and even a tm on the name would not stop a large corporate from coming after the name via a civil suit.

You really think thats a good idea? Whats the percentage of your domain portfolio that is developed? I have just entered the domain world last year, but have been a developer for 10 years and have developed sites since then. Even those sites are not safe under this bill, is that what you're rooting for?
????: NamePros.com http://www.namepros.com/showthread.php?t=441421

25% of my portfolio is developed. 25% is short CCC's and the rest are generic or brandables under development.

Quote:

Tomorrow ebay can come after your filterbay just because of the 'bay' in it and you are liable for 6 million dollars in damages. You think the signatories to the petition like Sahar Sarid, Dan Warner and Adam Dicker are not able to see the big picture?

No...it doesn't say Ebay can come after me for FilterBay. It doesn't change existing TM laws only creates wider penalties for them. And guys like Dicker are scared of anything that attacks their bread and butter (parking).

This bill is mostly for phishing and deceptive practices to gain personal information. It's not an attack on domainers. Read it before you sign whatever petition people are telling you is evil.

Essentially if this bill passes I would probably be more likely to go after someone that is using my Trademarks (for which I have many) than the other way around.

Jackie · 03-05-2008, 11:59 PM

I signed. Don't judge the "Anti-Phishing Consumer Protection Act" by it innocuous-sounding name! This bill far more than an "anti-phishing" act. It endangers the Internet identity (their domain) of any business or organization and threatens the investment, livelihood of legitimate, generic domain name owners/developers!

It has the potential to destory creativity, creation of content, innovation, and free speech on the Internet!

Every Internet user should be concerned, it is not just about the domainers!

sunken · 03-06-2008, 12:06 AM

The main problem with this bill is that it seems to be written by people with no understanding of the net and trademark law. The problem with these bills is to the uninformed, they probably sound like a good idea. Especially to a guy who thinks that the internet is just a series of tubes.

Can you imagine how many places named Acorn there are in the country? Imagine if 20 of those are dry cleaners. And there is a domain AcornCleaners.com. Are they then going to start all claiming the domain under this act? Who decides under the provisions of ANY business in ANY location who has the rights to the name?

Under her system, there is no name that can be registered as long as some business somewhere is using that name or a part of that name. You couldn't even have AppleSauce.com, a recipe site that has ads, since Apple is in the name and thus would make it unlawful to have it because it contains a TM word.

The law could be easily clarified to apply to what content the domain name points to. If it's a site that is posing as another site's business, for whatever reason, phishing or otherwise, then it would be a valid law, but just to say any word that belongs to any business or person is ridiculous.
????: NamePros.com http://www.namepros.com/showthread.php?t=441421

There is one other hope. Even if this law gets far enough to be passed, there is still the hope that the judicial will find it too vague and send it back. After all, how are you going to enforce that with so many like named companies. The law is also clearly against the TM law (and perhaps the Electronic Privacy Act) as well unless the 31 pages says something more than what is listed here.

By the way, is there a place to read the whole 31 pages of the bill beyond just the synopsis?

***mwzd*** · 03-06-2008, 12:11 AM

Originally Posted by labrocca

25% of my portfolio is developed. 25% is short CCC's and the rest are generic or brandables under development.

I guess then you're safe. But "person's bona fide noncommercial use of the domain name or fair use of a mark in a website accessible under the domain name", so i assume you won't have ads.

Originally Posted by labrocca

No...it doesn't say Ebay can come after me for FilterBay. It doesn't change existing TM laws only creates wider penalties for them.

"such domain name is or contains the identical name or brand name of, or is confusingly similar to the name or brand name of a government office, nonprofit organization, business, or other entity" - all it takes is one business or entity.

Originally Posted by labrocca

This bill is mostly for phishing and deceptive practices to gain personal information. It's not an attack on domainers.

Mostly is not good enough -
????: NamePros.com http://www.namepros.com/showthread.php?t=441421
http://www.thedomains.com/2008/03/04...he-snowe-bill/
????: NamePros.com http://www.namepros.com/showthread.php?t=441421

Originally Posted by labrocca

Essentially if this bill passes I would probably be more likely to go after someone that is using my Trademarks (for which I have many) than the other way around.

I guess you must satisfy this for ALL your domains - tm is only valid for wipo/udrp - "extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person"

Also -
1. Don't ever even offer to sell a domain -
"person's offer to transfer, sell, or otherwise assign the domain name to the brand name or trademark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services"

2. Even if you don't now, if you ever did...
"or the person's prior conduct indicating a pattern of such conduct" Did i miss the statue of limitations on this somewhere in the bill?

3. Note, the onus of clearing the complaint is with the domain owner, the complainant isn't even the primary on this and of course the Transport department is a good judge of this -
"In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates this Act, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to--

(A) enjoin further violation of this Act by that person;

(B) enforce compliance with this Act; or

(C) obtain civil penalties or damages on behalf of the residents of the State.

I don't know maybe I'm just reading it wrong, but I'd rather be safe than sorry and what anyone else tells me is less important that what it reads to me.

nicedomains · 03-06-2008, 12:12 AM

Originally Posted by edjackiel

I signed. Don't judge the "Anti-Phishing Consumer Protection Act" by it innocuous-sounding name! This bill far more than an "anti-phishing" act. It endangers the Internet identity (their domain) of any business or organization and threatens the investment, livelihood of legitimate, generic domain name owners/developers!

It has the potential to desroy creativity, creation of content, innovation, and free speech on the Internet!

????: NamePros.com http://www.namepros.com/showthread.php?t=441421

Every Internet user should be concerned, it is not just about the domainers!

Very well stated!! Another example of how the gov't uses one situation as a scare tactic to pull the shades over Americas and the rest of the worlds eyes while the hidden agenda benefits the people/corporations with the most

!

labrocca · 03-06-2008, 12:15 AM

http://commerce.senate.gov/public/_f...tiPhishing.pdf

That's the whole thing.

Red Rock · 03-06-2008, 12:38 AM

Signed!
Bump!

Heres mine...

Please please please, do not meddle with the domaining industry as a whole because of phishing. Yes we all agree that phishers should be punished.
Yes we do not want any of our personal info in the wrong hands. But to be able to take my domains away..that I plan to develop maybe next month or next year, because it is similar to someone elses.??? And how in the world can someone come in, and trademark something I have had registered before them...then claim it as their own???!!! Absolutely not relevant to phishing, whatsoever! STOP THIS BILL NOW, AND REWRITE IT!!!

Thank You for the heads up!
Red Rock

tristanperry · 03-06-2008, 12:38 AM

Add the following to your signatures:

Senator Snowe wants to destroy the domain name industry. Are you going to let that happen?

sunken · 03-06-2008, 12:42 AM

Thanks. I didn't realize when they said 31 pages, it's double spaced and so it really doesn't say much more, if anything than the above.

What bugs me is that Senator Bill Nelson is my senator. And yes, I wrote to him about the act.

Name or brand name is not the same as TM. Any company, anywhere at anytime can pick a name, and then proceed to get the domain name from you and then someone can get the name from them, etc, etc. The reason TM's were created in the first place was to avoid the very scenario that Snowe is trying to enact.

wot · 03-06-2008, 01:13 AM

Polite , clear & concise emails to this address bringing attention to the various threads/forums/blogs relating to the subject may well be of benefit.

http://snowe.senate.gov/public/index...torSnowe.Email

Keep it clean, accurate and professional.

Aceredbaron · 03-06-2008, 01:54 AM

Signed at petitionsite.

PAUL-B · 03-06-2008, 05:16 AM

Let's just hope that this bill doesn't come into effect. The implications of such a bill will be dire, to say the least...

**enlytend** · 03-06-2008, 05:43 AM

In another forum I compared this bill to the UIGEA - which was passed because it was tied to Homeland Security legislation. Who would vote against "Homeland Security"?

The Snowe bill opens up some very dangerous loopholes which could change the domain business as we know it, and is trying to pass itself off as "Anti Phishing" legislation. Who would vote against "Anti Phishing"?

Anybody experiencing a little deja vu? Don't let it happen again!

(There are already plenty of laws against phishing, oh by the way... )

tristanperry · 03-06-2008, 06:53 AM

http://blog.thehill.com/2008/02/29/p...-olympia-snowe

Make your comments about this on the Senator's blog

rockefeller · 03-06-2008, 08:01 AM

Some people were interested in a banner for their sites for the petition. Here is the code:

<div id="peSiteTargetDiv567909683"><a href="http://www.thepetitionsite.com/" style="display: block; width: 252px; text-align: center; font-size: 8pt; font-family: Verdana,sans-serif;">Petition powered by ThePetitionSite.com</a></div>
<script src="http://www.thepetitionsite.com/js/widget.js?petitionID=567909683"></script>

eggymusic · 03-06-2008, 08:22 AM

signed

03-05-2008, 10:27 PM	#26 (permalink)
EbookLover Senior Member Join Date: Jan 2005 Posts: 1,437	Petition signed. I do hope RJ decides to send out an email to his list. This is one of those times that a list can prove to be powerful. Only 622 petition signers as of this posting. We need 2,000. This thread should have been entitled... "New Law to Steal Your Domains Away from You!" or "US Senator Stealing Domains!!!" ...or something to that effect. Short and shocking. It would get this thread more views and therefore more petition signings. Effective marking is very important for threads like these and for important matters such as this. But thanks for posting it though. Rep given __________________ ♥ ♥ The most AMAZING Article Spinner & Content Rewriter - See the video! (no squeeze). ♥ ♥ Last edited by EbookLover; 03-05-2008 at 10:36 PM.

03-05-2008, 10:30 PM	#27 (permalink)
*EG.domains* GenericDomainMarket.com Join Date: Apr 2007 Posts: 7,040	Signed. __________________ ► Generic & Premium Domains for sale!

03-05-2008, 10:31 PM	#28 (permalink)
MinionDH NamePros Regular Join Date: Feb 2006 Posts: 572	I just noticed this thread. Here's a recent post I made regarding this topic: If you don't fully understand this issue, I urge you to read a few of the following posts/articles (from cnet, ComputerWorld, CircleID, etc): BILL PROPOSED TO TAKE AWAY YOUR DOMAINS Direct Navigation take on the Domain Stealing Bill Digg This! Don’t Let Them Take Your Domain Names! Senate Anti-Phishing Bill (or Reverse Cybersquatting in Disguise) Snowe Bill Threatens Domain Name Registrants Senate antiphishing bill outlaws...what's already illegal Proposed Senate bill takes on phishing, irks Internet trade group ICA Responds to the Anti-Phishing Consumer Protection Act of 2008 The Anti-Phishing Consumer Protection Act of 2008 Enom takes away “Cuba” domain names: What it Means to You in light of the Snowe Bill Letters you will be receiving if you the Snowe Bill Passes ????: NamePros.com http://www.namepros.com/industry-news/441421-new-bill-us-senate-threatens-domain.html What can you do? Donate to the ICA (better yet join). They are the only association that fights specifically for the rights of domain owners. They are currently working hard to fight this bill but they need your support! Sign the online petition at SnoweBill.com (Over 600 people have signed in the past few hours) Raise awareness by informing others of this issue. Most importantly, take action now before it's too late.

03-05-2008, 10:41 PM	#29 (permalink)
sihar07 cherish every moment Join Date: Apr 2007 Location: Jakarta-Indonesia Posts: 90	Signed. Put at my newst Blog's post. Cmon my fellow domainers... don't let this robbery happen. __________________ Pray + Work Hard + Little Luck = Success.. elephant ivory tusk

03-05-2008, 10:45 PM	#30 (permalink)
AussieDomainer Senior Member Join Date: May 2006 Location: Brisbane, Australia Posts: 2,648	I've signed and left a message as to why this could destroy the livelihoods of many hard working individuals and small businesses by handing over their hard earned assets to the big TM companies. If you haven't signed yet, do it now. __________________ Cricket Rules Diesel Generator Engine Car Window Tinting Facts About Australia

03-05-2008, 10:51 PM	#31 (permalink)
planoali NamePros Regular Join Date: Jun 2007 Location: Plano, TX Posts: 963	Signed. __________________ HONO.com, QABE.com, QATU.com, PAOE.com, TSNO.com, GRMF.com, HVHH.com, KKFK.com, LDTN.com, LOHB.com, DFBP.com, GNAB.com ..... and many more. PM me if interested in HIGH quality llll.com's. ROWdotnet

03-05-2008, 10:59 PM	#33 (permalink)
mlmleads NamePros Regular Join Date: Oct 2006 Posts: 311	signed.. BUMP __________________ Ask me about high monthly income adult domains.

03-05-2008, 11:23 PM	#34 (permalink)
nicedomains NamePros Expert Join Date: Jul 2007 Location: Colorado Posts: 5,254 Follow @NameTalent	Nice, the last hour approx. 60 new signatures... Keep signing domainers!! Pass the word! __________________ NameTalent.com Generate QR Codes

03-05-2008, 11:59 PM	#36 (permalink)
Jackie Senior Member Join Date: Dec 2006 Posts: 1,575	I signed. Don't judge the "Anti-Phishing Consumer Protection Act" by it innocuous-sounding name! This bill far more than an "anti-phishing" act. It endangers the Internet identity (their domain) of any business or organization and threatens the investment, livelihood of legitimate, generic domain name owners/developers! It has the potential to destory creativity, creation of content, innovation, and free speech on the Internet! Every Internet user should be concerned, it is not just about the domainers! __________________ Mobile Phones & Tablets @ MobilePhonesTablets.com The COMPANION for Android, iOS, WP7, BB QNX, and WebOS Users Buy Real Estate Properties Residential & Commercial Real Estate

03-06-2008, 12:06 AM	#37 (permalink)
sunken Senior Member Join Date: Oct 2004 Location: New Jersey Posts: 2,279	The main problem with this bill is that it seems to be written by people with no understanding of the net and trademark law. The problem with these bills is to the uninformed, they probably sound like a good idea. Especially to a guy who thinks that the internet is just a series of tubes. Can you imagine how many places named Acorn there are in the country? Imagine if 20 of those are dry cleaners. And there is a domain AcornCleaners.com. Are they then going to start all claiming the domain under this act? Who decides under the provisions of ANY business in ANY location who has the rights to the name? Under her system, there is no name that can be registered as long as some business somewhere is using that name or a part of that name. You couldn't even have AppleSauce.com, a recipe site that has ads, since Apple is in the name and thus would make it unlawful to have it because it contains a TM word. The law could be easily clarified to apply to what content the domain name points to. If it's a site that is posing as another site's business, for whatever reason, phishing or otherwise, then it would be a valid law, but just to say any word that belongs to any business or person is ridiculous. ????: NamePros.com http://www.namepros.com/showthread.php?t=441421 There is one other hope. Even if this law gets far enough to be passed, there is still the hope that the judicial will find it too vague and send it back. After all, how are you going to enforce that with so many like named companies. The law is also clearly against the TM law (and perhaps the Electronic Privacy Act) as well unless the 31 pages says something more than what is listed here. By the way, is there a place to read the whole 31 pages of the bill beyond just the synopsis? __________________ juegos juegos \| Your Hotel in Austria psicologo valencia

03-06-2008, 12:15 AM	#40 (permalink)
labrocca NamePros Expert Join Date: Aug 2004 Location: Las Vegas Posts: 6,277 Follow @supportforums	http://commerce.senate.gov/public/_f...tiPhishing.pdf That's the whole thing. __________________ :$: Support Forum <-- My latest endeavor.:loveyou: Debate Forums Free Online Sudoku My vBum Blog

03-06-2008, 12:38 AM	#41 (permalink)
Red Rock Account Suspended Join Date: Jan 2008 Location: Chicago Posts: 999	Signed! Bump! Heres mine... Please please please, do not meddle with the domaining industry as a whole because of phishing. Yes we all agree that phishers should be punished. Yes we do not want any of our personal info in the wrong hands. But to be able to take my domains away..that I plan to develop maybe next month or next year, because it is similar to someone elses.??? And how in the world can someone come in, and trademark something I have had registered before them...then claim it as their own???!!! Absolutely not relevant to phishing, whatsoever! STOP THIS BILL NOW, AND REWRITE IT!!! Thank You for the heads up! Red Rock

03-06-2008, 12:38 AM	#42 (permalink)
tristanperry Senior Member Join Date: Jan 2007 Location: Wales - United Kingdom Posts: 1,774 Follow @TristanPerryIX	Add the following to your signatures: Senator Snowe wants to destroy the domain name industry. Are you going to let that happen?

03-06-2008, 12:42 AM	#43 (permalink)
sunken Senior Member Join Date: Oct 2004 Location: New Jersey Posts: 2,279	Thanks. I didn't realize when they said 31 pages, it's double spaced and so it really doesn't say much more, if anything than the above. What bugs me is that Senator Bill Nelson is my senator. And yes, I wrote to him about the act. Name or brand name is not the same as TM. Any company, anywhere at anytime can pick a name, and then proceed to get the domain name from you and then someone can get the name from them, etc, etc. The reason TM's were created in the first place was to avoid the very scenario that Snowe is trying to enact. __________________ juegos juegos \| Your Hotel in Austria psicologo valencia

03-06-2008, 01:13 AM	#44 (permalink)
wot NamePros Expert Join Date: Apr 2003 Location: Golden Triangle Posts: 5,775	Polite , clear & concise emails to this address bringing attention to the various threads/forums/blogs relating to the subject may well be of benefit. http://snowe.senate.gov/public/index...torSnowe.Email Keep it clean, accurate and professional. __________________ Perú.co,上海.biz,红旗.com,MonikerBlog.com 247.in,888Blog.com,México.co,中国888.com

03-06-2008, 01:54 AM	#45 (permalink)
Aceredbaron NamePros Regular Join Date: Sep 2007 Location: where my toothbrush is:-) Posts: 224 Follow @reddomain	Signed at petitionsite. __________________ Twitter

03-06-2008, 05:16 AM	#46 (permalink)
PAUL-B NamePros Member Join Date: Feb 2008 Posts: 106	Let's just hope that this bill doesn't come into effect. The implications of such a bill will be dire, to say the least...

03-06-2008, 05:43 AM	#47 (permalink)
enlytend Forum Moderator Join Date: Aug 2006 Location: USA Posts: 2,041 Follow @enlytend	In another forum I compared this bill to the UIGEA - which was passed because it was tied to Homeland Security legislation. Who would vote against "Homeland Security"? The Snowe bill opens up some very dangerous loopholes which could change the domain business as we know it, and is trying to pass itself off as "Anti Phishing" legislation. Who would vote against "Anti Phishing"? Anybody experiencing a little deja vu? Don't let it happen again! (There are already plenty of laws against phishing, oh by the way... ) __________________ Enlytend Solutions - Internet marketing and web development, specializing in local search optimization Was my advice helpful? Please consider a small donation to the National Canine Cancer Foundation - a tax deductible 501(c)(3)that directly funds cancer research

03-06-2008, 06:53 AM	#48 (permalink)
tristanperry Senior Member Join Date: Jan 2007 Location: Wales - United Kingdom Posts: 1,774 Follow @TristanPerryIX	http://blog.thehill.com/2008/02/29/p...-olympia-snowe Make your comments about this on the Senator's blog

03-06-2008, 08:01 AM	#49 (permalink)
rockefeller NamePros Member Join Date: Jun 2007 Location: Sheboygan, WI Posts: 41	Some people were interested in a banner for their sites for the petition. Here is the code: <div id="peSiteTargetDiv567909683"><a href="http://www.thepetitionsite.com/" style="display: block; width: 252px; text-align: center; font-size: 8pt; font-family: Verdana,sans-serif;">Petition powered by ThePetitionSite.com</a></div> <script src="http://www.thepetitionsite.com/js/widget.js?petitionID=567909683"></script> __________________ Domain Name Newsletter

03-06-2008, 08:22 AM	#50 (permalink)
eggymusic Senior Member Join Date: Oct 2007 Location: North Carolina, USA Posts: 1,419	signed __________________ Accepting offers ERRD.com CBOG.com Zenp.com PicoProjectors.com Bucz.com SWNB.com PaywithMobilePhone.com

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