Internet Newsletter for Lawyers |
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This is an essential reference book for all lawyers involved in any sort of dispute
relating to domain names or trade marks. However, it is more than "just" a
reference book - it is also a detailed introduction to, and explanation of, the
technology and organisations behind the deceptively simple phrase "domain
name".
The book describes the different types of domain name - global top level
domain names (gTLD's) like .com and .org, as well as the more recently arrived
ones like .biz and .info and (soon).pro, as well as country code domains such
as co.uk. Then there are the third level domains like uk.com and fourth level
domains like .com.new.net, although I think the authors give a fairly clear
indication that most people should steer well clear of these.
The various types of registrar are described, and the methods of registration,
together with the way that domain names and trade marks interact. Then the
topic of selling and transferring domain names is covered as well as the
surprisingly knotty topic of how a domain name should be valued for sale
purposes and sample agreements are provided.
A major part of the book is about domain name disputes, clearly divided into the
different types of dispute resolution policy provided by the different types of
registrar. In particular, detailed descriptions are given of the ICANN and
Nominet policies covering respectively the gTLD's and the uk country code.
There is a section of Frequently Asked Questions, describing a series of
situations from the client's point of view (for example "my domain name is
registered in the name of my web design company, but the company has gone
bust") with good indications of how to proceed.
There is also an extensive glossary, a table of cases by both case name and
by disputed domain name, and tables of statutes, SI's and EU Legislation.
Phone the Butterworths Tolley customer services on 020 8662 2000 or email
order.line@butterworths.com.
Once upon a time (about 5 years ago) the Internet was fun for lawyers. It was
an opportunity to explore a wonderful new technological world and to gain some
kudos for the firm at the same time.
Now, however, the internet is providing all sorts of new ways to get into
difficulties. Rupert Kendrick, a former partner in a medium sized firm and now
a consultant and writer on legal IT, is the first person to cover this topic
comprehensively in book form.
He identifies three broad categories of risk; technological risks, legal
compliance risks and operational risks.
Technological risks relate to such topics as viruses, firewalls, hackers and
passwords; legal compliance risks relate to a failure to take legal and regulatory
provisions into account, such as where viewers rely on information not designed
as "advice", advertisements are not updated often enough, contracts are
entered into prematurely, copyright is infringed, and personal data is misused;
and operational risks come from insufficient control and management of
employees, where, for example, email is used to defame, harass or abuse
someone, or advice is provided without proper supervision. And of course,
these areas of risks can overlap or interact with each other!
Having described and explained these risks, he then looks at ways in which a
firm can protect itself. He looks at ways in which a small team should be put
together to identify and then protect against the risks relevant to a particular
firm and how a policy could be put together.
Of course, the nature of doing this will vary tremendously depending on the size
of firm and the type of work it does, and Rupert has worked with a number of
firms, from Allen & Overy down to a sole practitioner, to design a policy
accordingly.
A quiet read of this serious and well researched book will help anyone involved
with a firm's internet strategy to understand the risks involved and to devise a
strategy accordingly.
Ring Marston Book Services, 01235 465 656, to purchase the book or obtain
further information.
See Rupert Kendrick's article in this newsletter
Net Nightmares for Law Firms.
Practical Solutions, the well known legal management consultancy firm, has
produced a guide for firms with between 1 and 50 users who need email and
internet access.
The guide opens with a section called "Technical Terms in English" and then
goes on to explain the hardware, software, Internet Service Provider (ISP), and
the communications needed. The differences between ISDN, ADSL and leased
lines are explained as well as the related issues of "dial up", "always on" and
"broadband".
The guide then covers the relative merits, problems and costs of "Internet in a
box" type solutions, as from Equiinet and 3COM, as against all-Microsoft
solutions with "Exchange 2000", either as part of Small Business Server (SBS)
or the full scalable product. Finally, this information is cross-referenced to list
the options for each size of firm and level of email and internet usage required,
with the pros and cons of each solution.
The guide, which costs £25 (including p&p), can be ordered via the Practical
Solutions web site or by calling Kayleigh O'Neill on 0161 929 8355.
See Dominic Watson's article in this newsletter
Harnessing Internet and Email
Back to Contents.
Book Reviews, by Delia Venables
Tolley's Domain Names - A Practical Guide
by Simon Halberstam & Joanne Brook ofSprecher Grier Halberstam and Jonathan Turner, Barrister.
ISBN 0 7545 1491 9, £39.95.
Managing Cyber-Risks - Strategic Approaches for Law Firms
by Rupert Kendrick
published by the Law Society. ISBN 1 85328 771 7, £34.95.
Email & Internet Access Solutions for Smaller Firms
by Dominic Watson of Practical Solutions