by Jay Marshall Wolman
Though I have my own feelings about how to blog here now that Marco Blanco f/k/a Marc Randazza (what I think his Popehat name should be) has taken up with the competition, I should probably be supportive.
His first post there was uncharacteristically Second Amendment focused. But, he has now seen fit to return to his roots. Marc just posted an interesting piece on the Trump campaign’s ownership of JebBush.com .
Marc does a good overview of the cybersquatting law and how it has been used. Something to consider, though: Jeb is not Gov. Bush’s first name. He’s an ATM Machine, a PIN number. He’s really, as you probably know, John Ellis Bush, and JEB is just his monogram. So, is that his name for purposes of the act? Or would it only be implicated if it were JohnBush.com?
Also, Marc suggests that a RickRoll would be protected First Amendment use of the domain even if it otherwise ran afoul of the law. But, wouldn’t political speech, one of the key First Amendment concerns, such as, say, a presidential campaign, trump a rickroll?
That said, Mr. Randazza may well be right in his ultimate conclusions. Just ask Glenn Beck.
