San Bernardino County supervisor sues over domain name

San Bernardino County Supervisor Dennis Hansberger is suing a local critic to get back his name.

Hansberger won a temporary restraining order Tuesday against William Fanning, a Muscoy resident who has registered several domain names using the supervisor's name, including www.dennishansberger.com, and has used the Web sites to rail against Hansberger.

The order restrains Fanning from profiting, promoting or selling the name, said Tim Prince, an attorney for Hansberger.

A preliminary injunction, in which Hansberger seeks to have the Web site turned over to him, is set for a Sept. 26 hearing.

Hansberger will seek a minimum $1,000 in statutory damages plus attorney fees and court costs if Fanning doesn't voluntary relinquish the Web site, Prince said.

When Hansberger's campaign committee inquired about buying the domain name, Fanning told them it wouldn't be cheap, Prince said.

Fanning did not attend Tuesday morning's hearing and said he had not received a subpoena or court order.

"Until then, I'm not stopping," he said.

On his Web site, Fanning accuses Hansberger of using his position to benefit friends and relatives. He also includes articles from other publications that are critical of the supervisor.

Fanning said he's not trying to make money off the Web site but started it three years ago to shine a light on what he believes are corrupt actions. He said Hansberger's suit would not silence him and predicted it would draw more traffic to his Web site.

"This will end up exploding and backfiring on him big time," Fanning said.

Hansberger could not be reached for comment Tuesday.

Prince said Hansberger does not dispute Fanning's right to criticize.

"It's just the use of that name to divert the public from finding the official Web site and finding the Web site that Dennis Hansberger seeks to set up to communicate with the public," he said.

Jennifer Granick, the civil liberties director for the Electronic Frontier Foundation, a nonprofit organization that champions the rights of people using the Internet, said the law regarding the fair use of domain names still is hazy.

Web sites were set up to be created on a first-come, first-serve basis, but a federal anti-cybersquatting law was passed in 1999 to offer some protection to trademark owners, she said. It's not clear whether that same protection is available to politicians, Granick said.

"This is definitely an area where there is very little if any precedent," said Granick, who until recently headed Stanford University Law School's Cyberlaw Clinic.

Fanning, who owns a market in Muscoy and is a maintenance worker for the county, estimated that he has registered a few thousand names, including those of about 80 local officials.

San Bernardino City Attorney James Penman, Supervisor Josie Gonzales and County Administrative Officer Mark Uffer are among the local officials whose names he has snapped up on the Internet.

Fanning said the costs to him are minimal -- between $1and $5.

Not all the sites have content, but he said he likes to have them for possible future use.

"I want to get rid of the really bad politicians first, and then I'll go onto the other ones," he said.

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