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7 Vand. J. Ent. L. & Prac. 147 (2004-2005)
Typosquatters, the Tactical Fight Being Waged by Corporations, and Congress' Attempt to Fight Back in the Criminal Arena: U.S. v. Zuccarini

handle is hein.journals/vanep7 and id is 145 raw text is: Typosqafters, The T7aiccaR Fight Bing Waged by
Corporations, and Congress' Attempt to
.S. vo Zuccrini
By David A. Gusewelle*

While the Internet is one of the greatest
technological advances in history, it has arguably
been accompanied by an equally great setback:
online pornography. Pornography has become
nearly impossible for Internet surfers to avoid.
According to a September 23, 2003, press release,
the number of pornographic websites has
increased 1800% since 1998 and has jumped from
28 million in 1998
to a staggering 260
million pages.' In
fact, more than 28           n   i
million     new
pornographic pages         children     NA
were created in
July 2003 alone.2          pervised a
While the advent           et
of the Internet has        eration    of
brought with it            has becom
advances,    the
incredible number
of pornographic
and obscene websites is considered by many to
be the Internet's black-eye. Today, offensive
material is no longer confined to the counters of
disreputable stores.
While most types of obscene material
are protected under the First Amendment of the
Constitution, such protection is not without limits.
For example, the transfer of obscene materials
to minors under the age of sixteen years is
outlawed under the U.S. Code.' Although children
cannot be sold pornography in stores, they can
still readily find it on the Internet. It has been
estimated that over 90 percent of children
between the ages of eight and sixteen have been
exposed to obscene material on the Internet.4
Further, the Kaiser Family Foundation found that

about 70 percent of teens have come across
pornography by accident via the Internet.'
While the statistics are staggering, the
results of the studies will not surprise Internet
users.   Many pornographic websites lure
unsuspecting guests to their sites through domain
names which contain no references to obscenity.6
In some instances, Internet users alarmingly
stumble into pornography by misspelling the name
ag the increasing number of
cho surf the Internet unsu-
t a young age and the prolif-
these websites, prevention
e a major issue. 9
of an actual website they desire to visit. This
problem is particularly bad when the websites are
those which children frequently visit. When an
Internet user makes one of these mistakes, and
different website appears, they have likely come
across a typosquatted website.7
Typosquatting is a form ofcybersquatting.
A cybersquatter is a party who possesses no
legitimate interest in a trademark and attempts to
profit by registering the trademark as a domain
name before the rightful trademark owner can do
so. 8 Cybersquatters usually attempt to resell or
license the domain name back to the company that
spent millions of dollars expanding the trademark's
goodwill.' A website is typosquatted whenever an
advertiser or competitor deliberately registers
websites with common misspellings in their names

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