Identification For Computer Network Domain Tort Liability

Since the computer network domain was first registered in1985, the conflict with othertraditional civil rights have not been stopped before. As the domain name itself uncertain legalstatus, domain names and other traditional boundaries between civil rights blurred, so for theidentified domain name has been the focus of tort liability issues related to legislation, butalso cases the parties dispute the core. Relevant national legislation as well as networkmanagement agencies have made the relevant provisions, which are more representative incharge of the work of the Internet Corporation for Assigned Names Corporation for AssignedNames and Numbers ICANN published that "the Uniform Domain Name Dispute ResolutionPolicy", Internet birth issued by the U.S."Anti-Cybersquatting Consumer Protection Act,"and so on, these two documents identified by the domain name infringement of the provisionsof crafting, including "Uniform Domain Name Dispute Resolution Policy," finds our currentmode relevant provisions of the domain names have a greater impact. Formally, theintroduction of China’s Supreme People’s Court judicial interpretation and China InternetNetwork Information Center issued a "Domain Name Dispute Resolution" and "UniformDomain Name Dispute Resolution Policy" exactly the same, but in the specific provisions oneach file also has a greater difference. Objectively speaking, the introduction of the supremelaw of judicial interpretation and "Domain Name Dispute Resolution" for the problemsidentified by the domain of tort liability provisions are still not perfect.In this paper, starting from the case, a detailed technical description of the domain nameafter the legal nature of the domain name, the domain name infringement types ofinterpretation. After that, through the analysis of relevant U.S. legislation on tort liabilityrecognized domain contrast of relevant legislation, summed up the four elements of thedomain name constitutes infringement. Finally, the legislative domain of the current field aredescribed and put forward their own proposals.This article is more than18,000words, is divided into five parts; first part presents thecase; second part introduces the domain name, the legal nature and legal status of the domainis discussed; third part of the domain name infringement behaviors were classified, andvarious types of discussions; fourth section describes the United States ICANN to develop a"Uniform Domain Name Dispute Resolution Policy" and the Congress enacted the "Anti-Cybersquatting Consumer Protection Act" on the domain name infringement liabilityprovisions identified and discussed the constituent elements identified in the domain of tortliability should be considered; fifth article of the first part of the current legislation on domainname infringement were introduced, and then put forward their views on legislativedeficiencies.