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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

Ladies and Gentlemen, China’s Netizen Day…

Just after the government announces a crackdown on Internet smut. Yesterday, they announced plans for "Netizen Day" on September 14th, which apparently marks 15 years since the first e-mail message was sent from China in 1987. The new celebratory day (I don't think it's an official holiday) was unveiled at an official ceremony presided over by Chinese government officials and Internet execs, many of whose companies - including Google, Sina, and Sohu, who were named in the smut crackdown just 24 hours before. more

ICANN Should Pay Even More and Increase Its Spending Several Fold

Where does this idea that the employees of all non-profit organizations alike shall lead a public-transportation lifestyle come from? ICANN's monetary resources do not come from war widows and pensioners, for ICANN to feel guilty about every penny that it spends on administration. Nor does its resources, wherever they come from, are any that are earmarked to be spent on famine relief or on basic health care for the most unfortunate. more

ICANN Uses For-Profit Companies as “Comparables” in Its Employee Compensation

According to page 123 of ICANN's annual report: "...Commitment to continued payment in the salary span of 50th to 75th percentile of for-profit market place of companies of a similar size and complexity to ICANN..." Note that the comparables have been "for-profit". This is obviously ridiculous, given the purported non-profit nature of ICANN, with its inherent job security... more

China’s Latest Internet Crackdown

Seven different government agencies, including the Ministry of Public Security and the State Council Information Office declared war on Internet smut today. 19 Internet companies, including Google, Baidu, Sina, and others, were cited for "violating public morality and harming the physical and mental health of youth and young people."... Another Chinese language report, including video of a TV report with footage of computer servers being confiscated by police at an unknown location and unknown time... more

More Privacy, Bit by Bit

Before the Holidays, Yahoo got a flurry of good press for the announcement that it would (as the LA Times puts it) "purge user data after 90 days." My eagle-eyed friend Julian Sanchez noticed that the "purge" was less complete than privacy advocates might have hoped. more

The Problem With HTTPS SSL Runs Deeper Than MD5

The recent research highlighting the alarming practice of Secure Socket Layer (SSL) Certificate Authority (CA) vendors using the MD5 hashing algorithm (which was known to be broken since 2005) has shown a major crack in the foundation of the Web. While the latest research has shown that fake SSL certificates with MD5 hashes can be forged to perfection when the CA (such as VeriSign's RapidSSL) uses predictable certificate fields, the bigger problem is that the web has fundamentally botched secure authentication. more

VoIP: Beyond the Status Quo

On New Year's Eve 2008 I felt compelled to respond to the stories being written about the Death of VoIP which lead to my recent blog post: VoIP is NOT Dead!. Since then, I've enjoyed many of the conversations that have continued to take place in the comment sections of a number of blogs, including this one. My belief is the future is unwritten and if the conditions are right people will return to the space. But we need to embrace innovation and change and encourage people to be disruptive. What follows is a continuation of the conversation. more

Who Pays for Email?

An acquaintance wondered why the people who run the systems that receive mail get to make all the rules about what gets delivered. After all, he noted: "The sender pays for bandwidth and agrees to abide by the bandwidth provider's rules." It is useful to think of the Internet as a collection of tubes, all leading from the periphery to the middle, where the middle is approximately "the peering point." The sender has paid for the tubes leading from himself to the middle... more

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