Cybersquatting bill would harm legitimate communication and small business.


June 28, 1999 - Herndon, Virginia


The Domain Name Rights Coalition (DNRC) is calling for revamping of
the "Anti Cybersquatting Consumer Protection Act" to protect vital
free speech and small business interests. "The bill, as it
stands, criminalizes many activities protected by the first
amendment," said Mikki Barry, president of DNRC. "Parody, criticism,
or even worse, using your child's name in a domain name could send you
to jail."


The bill, introduced by Senator Abraham (R-Michigan) allows for civil
and criminal penalties for use of an Internet domain name that also
happens to be trademarked. The Internet is the greatest form
of communication ever invented. Protection for big business without
taking consumers and small businesses into consideration will stifle
the very communication that makes the Internet desirable as a medium
of commerce.


Trademark law allows businesses to reserve words or phrases so that
other businesses in similar fields can't use them. The goal is to
protect the consumer from confusion regarding the source of a product or
a service. "This bill would make perfect sense if the Internet
was categorized into separate areas for cat food and separate areas
for automobiles. In the real world, use of Cadillac for cat food
and Cadillac for automobiles is permitted. Yet on the Internet, that
type of use could make you a criminal under this bill."


Recent domain name disputes further illustrate DNRC's fears.
Veronica.org is a domain name used to identify a website devoted to a
baby girl named Veronica. Veronica is also a trademark or Archie
comics. Pokey.org is a website by a 12 year old boy. It is also a
trademark of a toy company. Ballysucks.com was used to give
consumers information against the Bally fitness organization. "In most
of these cases, the innocent users of an Internet domain name could
have been charged criminally for innocent speech protected under the
first amendment," said Bret Fausett, an attorney with the Boston law
firm of Fausett, Gaeta & Lund. "Few of these uses would have
constituted trademark infringement, yet they now could become illegal
under the new bill. Perfectly legitimate non-commercial speech could
be made criminal."


Even commercial speech would be adversely affected under this bill.
"The large Internet company juno.com may have been criminally liable
under this bill. So would amazon.com, yahoo.com, and others who
registered domain names in good faith when there happened to be
tradmarks in completely unrelated fields," said Michael Doughney,
DNRC board member and co-founder of Digex, an Internet Service
provider. "If someone had previously trademarked "Digex," even in a
non Internet field, we would have been out of business and the
board members may have been criminally liable under this bill. "
Other Internet start up companies would also have been criminalized
under this bill. "InterCon Systems Corporation began using intercon.com
in 1989. It was trademarked in another field. This bill could have
killed InterCon, the first commercial Internet software provider on
the Macintosh platform," said Barry, co-founder of InterCon.


"Cybersquatters" is a term used to refer to those who register a
domain name with no intent to use it, but instead to offer it for
sale. "The very term is perjorative as it pre-judges the outcome. You
call someone a cybersquatter,you have already decided that what they did
is wrong. That's for a court to decide. There is simply no reason to
make criminals out of people who are merely trying to show baby pictures
or express displeasure with a company. The court system already does
an excellent job of eliminating the real problem." said Dan Steinberg
of Synthesis: Law & Technology.

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The Domain Name Rights Coalition defends the rights of individual and
small business domain name holders.

For more information, please contact Mikki Barry, President of DNRC
at [EMAIL PROTECTED] Voice: 703.925.0282.


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