Google's new “Interest Based Advertising” (IBA) program represents the company's first foray into what is generally called “Online Behavioral Advertising”: In order to deliver more relevant advertising, Google will begin tailoring ads delivered through AdSense on the Google Content...

In recent years, federal policymakers, state legislators, and state Attorneys General have all shown renewed interest in regulating commercial advertising and marketing. Several new regulatory initiatives are being proposed, or are already underway, that could severely curtail or restrict...

Since the fall of 2008, a debate has raged in Washington over "targeted online advertising," shorthand for the customization of Internet ads to match the interests of users. Not only are these ads more relevant and therefore less annoying to Internet users than untargeted ads, they are more...

The Federal Trade Commission should avoid laying the groundwork for more onerous regulation of the online advertising marketplace, which could become the equivalent of a disastrous industrial policy for the Internet and choke resources needed to fuel e-commerce and online free speech going...

Certain distributors of popular file-sharing programs have repeatedly failed to prevent, and may have knowingly caused and perpetuated, inadvertent file-sharing, Inadvertent sharing cannot be remediated by self-regulation by distributors of file-sharing programs because certain distributors have...

The commercial speech doctrine in First Amendment jurisprudence has frequently been criticized and is recognized as a highly contested, problematic and shifting landscape. Despite the compelling critique within constitutional law scholarship more broadly, Intellectual Property (“IP”) law has...

Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of the its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the...

The Internet Corporation for Assigned Names and Numbers (ICANN) pledged at its recent Mexico City meeting to establish an Implementation Recommendation Team (IRT). This team of 24 experts is responsible for developing and proposing protections for trademark holders. Such protections are needed...

The Internet Corporation for Assigned Names and Numbers (ICANN) should institute a variety of changes to its soon-to-be-issued Draft Applicant Guidebook for new generic Top Level Domains (gTLDs), which has sparked fierce and almost universal opposition from the global business community in its...