The Truth in Domain Names Act of 2003 and a Preventative Measure to Combat Typosquatting

44 Pages Posted: 3 Feb 2006  

Christopher G. Clark

Cornell University - Law School

Abstract

This Note analyzes the Truth in Truth in Domain Names Act of 2003, the first piece of legislation to criminalize the registration of a misleading Internet domain name with the intent to deceive a person into viewing obscenity, and the first case successfully prosecuted under the Act, United States v. Zuccarini. Although the Truth in Domain Names Act was lauded as a means of protecting children, the heated floor debates in both the House of Representatives and the Senate confirm that the statute's broad language criminalizes conduct that does not involve children or child pornography in any way. Consequently, this Note concludes that the Act has the potential to deter any form of typosquatting - the deceptive registration of misspelled domain names - even though that was not Congress's primary legislative intent.

Keywords: domain,truth in domain names act,typosquatting,cybersquatting,infringement,trademark,copyright,internet,zuccarini,zucarini,website,web site,pornography,deceptive,ICANN,UDRP,dilution,ACPA,Anticybersquatting

JEL Classification: K12,K20,K41,K42,K14,L86,M31,M37,O34,O38,O31,O

Suggested Citation

Clark, Christopher G., The Truth in Domain Names Act of 2003 and a Preventative Measure to Combat Typosquatting. Cornell Law Review, Vol. 89, No. 6, p. 1476, September 2004. Available at SSRN: https://ssrn.com/abstract=754524

Christopher G. Clark (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

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