Last September MySpace sued ur-spammers Sanford "Spamford" Wallace and Walt "Pickle Jar" Rines were for egregious violations of CAN SPAM. Neither responded, so as was widely reported, earlier this week the court granted a default judgement. Since they sent a lot of spam, the statutory damages came to an enormous $235 million. Even for Spamford, that's a lot of money. more
There is a germ of truth (perhaps a prion-sized germ or maybe just an amino acid) in the idea that transmitters in "white spaces" in the TV band *might* disrupt patient monitoring equipment if designed by a lunatic who believes in sending massive pulses of energy in a whitespace in the TV band (perhaps amplified by a large parabolic dish antenna the size of a trashcan lid or larger, aimed at the patient monitor system. But that risk is completely shared with zillions of other potential radiators of energy in the entire electromagnetic spectrum... GE, of course, owns NBC. There is a MAJOR conflict of interest at the corporate level of GE... more
Jonathan Zittrain's recent book, The Future of the Internet -- And How to Stop It, has spurred a lot of discussion both online and offline, with blog posts lauding his insights or criticising his over-apocalyptic imagination. The book itself makes fascinating reading for those who have watched the network grow from its roots in the research community into today's global channel for communications, commerce and cultural expression... One of the reasons that Zittrain puts forward for the growing popularity of closed or, as he prefers 'tethered', devices, is that they are less vulnerable to hacking, security flaws, malware and all the other perils that face any internet-enabled system. more
A recent story today about discussions for an official defense Botnet in the USA prompted me to post a question I've been asking for the last year. Are some of the world's botnets secretly run by intelligence agencies, and if not, why not? Some estimates suggest that up to 1/3 of PCs are secretly part of a botnet. The main use of botnets is sending spam, but they are also used for DDOS extortion attacks and presumably other nasty things like identity theft. But consider this... more
The new Clearwire could be game-changing, but the rules of the game may not be quite as Clearwire presents them. I have been wondering since last July whether something significant would happen in the Google/Sprint world. The deal announcement earlier this weekseems to be that key development... In a nutshell, Sprint will contribute its substantial spectrum licenses in the 2.5 GHz range and its WiMAX-related assets and intellectual property. Google, Intel, Comcast, Time Warner Cable, and Bright House Networks will invest a total of $3.2 billion. more
I see and hear a lot of confusion about next generation networks (NGN). In most cases people are using the term roughly as the ITU-T defines it: "A Next Generation Network (NGN) is a packet-based network able to provide services including Telecommunication Services and able to make use of multiple broadband, QoS-enabled transport technologies and in which service-related functions are independent from underlying transport-related technologies." but many people don't realize how little this has to do with the Internet... more
I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more
There are more than just blue, black and white hat hackers. There are a few more types of folks out there that don't fit into the above categories. This article is taken from Stratfor with some commentary by myself... Many of the hackers described in my previous post are also coders, or "writers," who create viruses, worms, Trojans, bot protocols and other destructive "malware" tools used by hackers... more
One of the other web sites I subscribe to is Stratfor. It's a global intelligence website and doesn't really have much to do with spam. But I like politics so I read it. They have some articles which you can get for free, but the better stuff you have to pay for. About two weeks ago, they ran a three-part series on Cyberwarfare. The first article was the title of this post, which you can access here (requires registration). In the article they described different types of cybercriminals and not-so-criminals which they referred to under the umbrella as "hackers." more
The Wall Street Journal is reporting the terms of a yet unannounced deal which will finance a massive rollout of WiMax by a Sprint-Clearwire joint venture. Outside funding is to be provided by Intel, Google, Comcast, and Time Warner Cable as well as Bright House, a small cable company. Assuming the deal is for real, this is good news for US users of broadband and, indirectly, other users around the world. more
Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more
n 2004 Jaynes became the country's first convicted spam felon under the Virginia anti-spam law. He's been appealing his conviction ever since, most recently losing an appeal to the Virginia Supreme Court by a 4-3 decision in February. As I discussed in more detail at the time the key questions were a) whether the Virginia law had First Amendment problems and b) whether Jaynes had standing to challenge it. The court answered No to b), thereby avoiding the need to answer a), the dissent answered Yes to both. more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
The governor of Colorado recently signed a new anti-spam law [PDF] into effect. Since CAN SPAM draws a tight line around what states can do, this law is mostly interesting for the way that it pushes as firmly against that line as it can. Other observers have already done a legal analysis of the way it's worded to avoid being tossed out as the Oklahoma law was in Mummagraphics, and to make it as easy as possible for suits to meet the falsity or deception limits in CAN SPAM. To me the most interesting part of this law is its one-way fee recovery language... more
There must be something in the air. I'm not sure exactly what it is, but there are a lot of things going on in the ccTLD world at the moment. In the UK Nominet's Annual General Meeting (AGM) is being held this week. This would normally provoke a yawn from most people -- it's an AGM -- how exciting can that be? This year's AGM looks like it could be quite entertaining, although it probably isn't going to be particularly beneficial for its membership. more
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