EFFector Vol. 14, No. 38 Dec. 6, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
EFFector Vol. 14, No. 38 Dec. 6, 2001 editors@eff.org
A Publication of the Electronic Frontier Foundation ISSN 1062-9424
For more information on EFF activities & alerts: http://www.eff.org/
To join EFF or make an additional donation:
http://www.eff.org/support/
EFF is a member-supported nonprofit. Please sign up as a member today!
Richmond, VA - In a case with potential impact on many Internet publishers and small businesses, the Electronic Frontier Foundation (EFF) will argue before the 4th Circuit Court of Appeals on December 6 that companies cannot use a federal law to force website owners worldwide to defend domain name disputes in Virginia.
A large Canadian corporation called Heathmount sought the domain name Technodome.com from a Canadian citizen, claiming a Canadian trademark violation. Rather than sue in Canada, however, the corporation sued in Virginia, based solely on the fact that Network Solutions, the registry and registrar for the domain name, is located there.
"Why wasn't this lawsuit filed in Toronto, Canada, where both sides of the dispute are located?" asked EFF Legal Director Cindy Cohn. "The reason it was filed in Virginia was to increase the cost of litigation, in the hope that the current domain owner could not afford to fight."
Despite the fact that the domain name holder had no relationship to Virginia other than the registration of the domain name with Network Solutions, the lower court ruled that a 1999 United States law called the Anticybersquatting Consumer Protection Act allows the case to be heard in Virginia federal courts. The lower court then ordered the domain name transferred to the Canadian corporation.
Heathmount has since dropped out of the case, but the U.S. government will argue to the 4th Circuit Court of Appeals that it is proper to force all website owners to defend their domain names in Virginia. Network Solutions has also joined the case in support of the law.
"U.S. citizens would rightly protest loudly if another country adopted such a rule and, for example, all U.S. domain holders were forced to defend their domains in Kuala Lampur," commented EFF Staff Attorney Lee Tien.
EFF cooperating attorney Eric Grimm will argue the case.
More information on Heathmount v. Technodome.com case:
The Electronic Frontier Foundation is the leading civil liberties
organization working to protect rights in the digital world. Founded in
1990, EFF actively encourages and challenges industry and government to
support free expression, privacy, and openness in the information
society. EFF is a member-supported organization and maintains one of the
most linked-to Web sites in the world:
http://www.eff.org/
Eric Grimm, Lead Counsel, CyberBrief PLC
ericgrimm@cyberbrief.net
+1 734-332-4900
Cindy Cohn, EFF Legal Director
cindy@eff.org
+1 415-436-9333 x108
Lee Tien, EFF Senior First Amendment Attorney
tien@eff.org
+1 415-436-9333 x102
- end -
As the holiday season of giving approaches, we ask that you support the Electronic Frontier Foundation (EFF) and the work that we do. EFF has been fighting to protect rights in cyberspace for over 11 years. No organization has our track record for effective advocacy in the online world. And at no time have we needed your support more.
The current legal/political climate is very difficult for civil liberties. Indeed, many of the rights that EFF and others have fought so hard to secure are in jeopardy of disappearing. EFF is fully engaged in preserving existing rights and in fighting new legislation that would curtail individual liberties. These efforts along multiple fronts press hard upon our resources, and we need your support to ensure that a rational voice for individual rights continues to be heard.
You can make your donation at http://www.eff.org/support/ or you can send a check to our mailing address:
Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110 USA
This year, give the gift of freedom! Support EFF.
- end -
In every field of human endeavor, there are those dedicated to expanding knowledge, freedom, efficiency, and utility. Many of today's brightest innovators are working along the electronic frontier. To recognize these leaders, the Electronic Frontier Foundation established the Pioneer Awards for deserving individuals and organizations. The Pioneer Awards are international and nominations are open to all. The deadline for nominations this year is Feb. 15, 2002 (see nomination criteria and instructions below).
How to Nominate Someone
You may send as many nominations as you wish, but please use one e-mail per nomination. You may submit your entries to us via e-mail to: pioneer@eff.org. Just tell us:
You may attach supporting documentation as RTF files, Microsoft Word documents, or other common binary formats, or as plain text. Individuals, or representatives of organizations, receiving an EFF Pioneer Award will be invited to attend the ceremony at the Foundation's expense.
Nominee Criteria
There are no specific categories for the EFF Pioneer Awards, but the following guidelines apply:
The 2002 Awards
The 11th annual EFF Pioneer Awards will be presented in San Francisco, California, in conjunction with the 12th Conference on Computers, Freedom, and Privacy (CFP2002). All nominations will be reviewed by a panel of judges chosen for their knowledge of the technical, legal, and social issues associated with information technology.
For more information please see:
Pioneer Awards web page:
CFP site:
- end -
The DMCA affects every American, indeed, every human on the planet. The problem is that the average person doesn't realize this. EFF wants the input of our supporters in order to come up with slogans that will raise the mainstream consciousness to the destructive effects of the DMCA and inspire us all to continue the fight for free expression.
Put on your thinking caps, summon the creative muse and submit ideas for slogans and "soundbytes" to help us fight the DMCA. If your idea is chosen, you will win your choice of vintage EFF T-shirts. Send your entry to slogan@eff.org. Thanks for your help.
- end -
EFF applauds Working Assets for broadcasting the
compelling online video "Keep Liberty's Torch Shining"
at:
The video describes how the government response to the events of September 11 has spread the notion that liberty must be sacrificed in order to achieve security through measures such as online censorship, email surveillance, warrantless searches, secret military tribunals, and other suspensions of constitutional rights. It asks viewers to consider how to protect America without destroying the values we hold dear.
- end -
EFFector is published by:
The Electronic Frontier Foundation
454 Shotwell Street
San Francisco CA 94110-1914 USA
+1 415 436 9333 (voice)
+1 415 436 9993 (fax)
http://www.eff.org/
Editors:
Katina Bishop, EFF Education & Offline Activism Director
Stanton McCandlish, EFF Technical Director/Webmaster
editors@eff.org
To Join EFF online, or make an additional donation, go to:
http://www.eff.org/support/
Membership & donation queries: membership@eff.org
General EFF, legal, policy or online resources queries: ask@eff.org
Reproduction of this publication in electronic media is encouraged. Signed articles do not necessarily represent the views of EFF. To reproduce signed articles individually, please contact the authors for their express permission. Press releases and EFF announcements & articles may be reproduced individually at will.
To subscribe to or unsubscribe from EFFector via the Web, go to:
To subscribe to EFFector via e-mail, send to majordomo@eff.org a message BODY (not
subject) of:
subscribe effector
The list server will send you a confirmation code and then add you to a
subscription list for EFFector (after you return the confirmation code;
instructions will be in the confirmation e-mail).
To unsubscribe, send a similar message body to the same address, like
so:
unsubscribe effector
(Please ask listmaster@eff.org to manually remove you from the list if this does not work for you for some reason.)
To change your address, send both commands at once, one per line (i.e., unsubscribe your old address, and subscribe your new address).
Back issues are available at:
http://www.eff.org/effector
To get the latest issue, send any message to effector-reflector@eff.org
(or er@eff.org),
and it will be mailed to you automatically. You can also get, via the Web:
Return to EFFector Newsletters Index
Please send any questions or comments to webmaster@eff.org
![[*]](EFFector, Vol_ 14, No_ 18; Aug_ 8, 2001_files/home_blue_icon.gif){kind=icon}
EFF Welcome Page