The evolution of the Internet has challenged courts and governments to apply existing legislation to the previously neglected digital domain. In many cases, courts must apply centuries-old principles of contract or property law to the virtual world. Issues about squatting, trademark infringement, and piracy have taken on a new form, placing a burden on legislators to ensure that the law evolves alongside technology. While the Internet undoubtedly provides immense benefits to society, it has also given rise to a new vehicle for crime and trademark infringement. Many websites allow for downloading or viewing copyrighted, obscene, or otherwise illegal material. In response, the United States Federal Bureau of Investigation (FBI) has seized many domain names that link to these sites. This paper is an in-depth discussion of Canada’s ability to do the same through a comparative analysis of the legal framework in these two countries. It will conclude that through the courts, the Canadian government can seize domain names ending in “.CA” provided that the alleged offences allow for the seizure of property through legislation.

Josh Marcus, “Domain Name Seizure in Action: A Canadian-American Comparison” (PDF)