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Outdated Whois Information Might Lead to False Light Tort: Meyerkord v. Zipatoni

It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. more

The Perpetual Peril of Open Platforms

Over at Techdirt, Mike Masnick did a great post a few weeks back on a theme I've written about before: peoples' tendency to underestimate the robustness of open platforms. "Once people have a taste for what that openness allows, stuffing it back into a box is very difficult. Yes, it's important to remain vigilant, and yes, people will always attempt to shut off that openness, citing all sorts of "dangers" and "bad things" that the openness allows..." more

Native Web Applications (NWA) vs. Rich Internet Applications (RIA)

A rewrite of the Rich Internet Application (RIA) article is my latest contribution to Wikipedia following last year's full rewrite of the Cloud Computing article (which is now finally fairly stable and one of the main authoritative sources on the topic; according to the article statistics I've just done my 500th edit, or one every eight hours on average so it's about as up-to-date as you'll find). Needless to say I agree wholeheartedly with Mozilla's Mark Finkle in saying RIA is Dead! Long Live Web Applications... more

YouTube, the Government, and Privacy

It was just announced that every member of Congress will be able to create his or her own channel on YouTube. Viewers can go to the House or Senate home pages and navigate via a map to find the videos they're interested in. While it is good that citizens will have more insight into what their Senators and Representatives think, the way this is being done poses a serious privacy risk. more

Nortel… The Good News: Web.Alive

Ok, ok - it's pretty hard to ignore the bombshell news that's on front pages everywhere today in Canada. It looks like Nortel is going to seek bankruptcy protection, perhaps as early as today. This may be a minor story in the U.S. business press, but it's a big story in tech/telecom, and a HUGE story here in Canada. You don't need me to tell you what Nortel means to Canada in terms of pride and joy, although that's more of a distant memory these days... more

Julius Genachowski, FCC, and White Spaces: The Good and Not So Good News

Julius Genachowski, Obama's nominee to head the FCC, is a friend of Fred Wilson. Fred gives ten reasons why he likes the nominee on his blog. Genachowski was a top technology advisor to Obama during his campaign and reportedly advised the campaign on its superb use of the Internet. He is also a supporter of "net neutrality" although the devil is in the details on that issue. Even though the nominee is a lawyer, he has business experience as a VC, as an Internet executive, and as a board member of various Internet companies -- all good reasons to be hopeful about this very important policy post. That's the good news. The bad news from several days ago... more

Spam Fighting: Lessons from Jack Bauer?

As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more

Reply-All Creates a DDoS Attack?

One can read in an Associated Press article that the US State Department have their email system bogged down due to too many people use the Reply-All function in their email client. IT Departments have asked people to not use Reply-All and also threaten with disciplinary action. To me, that is the wrong path forward. more

Pattishall Client Prevails in Ground-Breaking Domain Name Class Action

My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more

A Telegraph-Era TLD?

While doing research for a paper on telegraph codebooks, I was reminded of something I had long known: one could have short addresses for telegrams. A short article in The New Yorker described how it worked in New York City. Briefly, one could pick more or less any name that wasn't in use, and list it with the Central Bureau for Registered Addresses... more

What is Good Policy for a Domain Name Registry?

Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more

Opinion: UK Moving Quickly Down the Slippery Slope…

Admittedly, I'm a not Johnny-come-lately with regards to surveillance, intelligence, telecommunications, network security, law enforcement, and a cross-pollination of all-of-the-above. I actually have a very colorful background of working within all of the aforementioned disciplines - at one time or another - either through the U.S. Military, U.S Government contractors, private industry, etc. ... And unfortunately, I am not generally "shocked" very often by much of the abuses being perpetrated on unwitting Internet users, both by supposedly "trusted" entities (e.g. Democratic Governments, ISPs, etc.) more

PIR’s Anti-Abuse Policy for .ORG Offers No Due Process for Innocent Domain Registrants

PIR, the registry operator for .org, has sent notices to registrars that it is implementing an anti-abuse policy that offers no due process for innocent domain registrants... While it's good intentioned, there is great potential for innocent domain registrants to suffer harm, given the lack of appropriate safeguards, the lack of precision and open-ended definition of "abuse", the sole discretion of the registry operator to delete domains, and the general lack of due process. more

WIPO Proposal for Paperless UDRP

The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more

2008: A Historic Year for DNS

As we start the new year, it is worth noting some of the major events and news in 2008 that shaped the industry and fueled considerable discussions. Last year's occurrences made for a very historic year, bearing the seeds of future changes for the DNS and domain name industry. more

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