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

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