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Clearly whatever it is that Dutch politician Geert Wilders wants to talk about in his film is going to be the end of the internet. The news that Network Solutions decided to pre-empt his use of a domain name registered through them for the purpose of promoting his film need not be re-hashed here. However, before bemoaning yet another registrar freely deciding, as is its right, with whom it chooses to do business, it's important to look at the big picture. No, it is not "censorship" for Network Solutions to decide how it wants its services to be used... But, perhaps we might understand Network Solutions policy more clearly by looking at domain names registered through NSI... more
Today the FCC announced the winners of the 700 MHz auction -- and you can see from pp. 62-63 of this document that Verizon won Block C. (Block C was set up in two nationwide paired blocks of 11 MHz each, which were auctioned off in very large geographic areas -- 12 licenses, each covering a "Regional Economic Area Grouping". Verizon won seven of the twelve licenses, covering all of the US except Alaska, Puerto Rico, American Samoa, Guam, and the Northern Mariana Islands.) Why does this matter? more
My weekly technology law column focuses on the growth of Internet censorship and the accompanying pressure on the business community to do something about it... China's censorship system may be the most extensive, but it is not alone. The University of Toronto's OpenNet Initiative, a world leader in tracking state-sponsored Internet censorship, recently co-published Access Denied, a book that highlights its pervasive growth. The book notes that some countries control all public Internet services, thereby creating an easy pipeline to implementing filtering technologies. Countries such as Syria have sought to chill access to the Internet by requiring cybercafe owners to record the names and identification cards of clients... more
I've now read Soloway's plea agreement. Despite some claims from his lawyers that it's some kind of victory that he only pleaded to three of the 40 charges, with the rest being dismissed, it's clear from the agreement that he indeed did just about everything that the government charged. The government as is usual had several similar charges in each category. more
Our four-year old oft maligned anti-spam legislation in this country, the CAN-SPAM act, has seen an uptick of activity this past week. Melinda Krueger sums up the sentiments of many in the anti-spam community in her Email Insider column today when she says, "there is no provision in the act against sending unsolicited email as long as you comply with the rest of the act. The motivation of the act was more to make voters feel politicians were doing something about this annoying problem." more
Large scale spammer Robert Soloway, whose criminal trial was scheduled to start in a week and a half pled guilty to most of the charges against him. The indictment made three categories of charges. Counts 1-10 were mail fraud, due to Soloway delivering his spamware through the mail, and the product egregiously failing to be what he said it was, notably including 30 million addresses purported to be opt-in. Counts 11-17 seven were wire fraud, sending spam making false claims about the product, support, guarantee... more
In the aftermath of the shutdown of Wikileaks.org by a court order issued at the request of Swiss Bank Julius Baer, Wikileaks has called for the boycott of registrar eNom. eNom is best known as the domain registrar that complied with the federal government's order to shut down a Spanish travel agency because it did business with Cuba -- the agency was not under U.S. jurisdiction and so was hardly violating U.S. law, but their domain was registered in the United States, and that was good enough for the feds. more
Video recordings of Google's IPv6 conference held on January 29, 2008 have been posted on YouTube. The conference was part of Google Tech Talks and includes a panel discussion called "What will the IPv6 Internet look like?" See first video... more
Network Neutrality is a hot topic in the US. The FCC held hearings in my neighborhood recently (while I was in Asia). Now I see Professor Susan Crawford will be testifying next Tuesday at a House Judiciary Committee hearing on "Net Neutrality and the First Amendment." I look forward to her remarks, but I worry that the whole discussion will be focused on "IP Pipes," that is connectivity at network layer 3. This distracts us from the fundamental problem... more
Back in January, bulk mailer E360 filed a suit against giant cable ISP Comcast. This week Comcast responded with a withering response... Their memorandum of law wastes no time getting down to business: "Plaintiff is a spammer who refers to itself as a "internet marketing company," and is in the business of sending email solicitations and advertisements to millions of Internet users, including many of Comcast's subscribers." Comcast's analysis is similar to but even stronger than the one I made in January... more
IPTV is on the horizon. Maybe I watch too much basketball, but the first thing I pictured was turning my flat screen into a big PC-like monitor with multiple windows showing several games, and perhaps even checking email and trying to do a bit work in another (admittedly much smaller) window. You could drag and drop, expand or shrink the games to whatever size you wanted just like you do on a PC with applications. Since the source video could come from different geographical regions in the country, you could catch the NCAA game they are showing in your local region while also watching another game from another region... For some, IPTV is a reality. But for the most part deployments are limited. more
I've posted to SSRN my paper on why most telecom companies, even though they operate networks, don't appreciate the fundamental business dynamics of network structures. This will be a chapter in a book Wharton is publishing on network-based strategies and competencies. In the paper, I describe two views on telecom and Internet infrastructure... more
In the news lately have been a number of incidents where U.S. courts, or the U.S. government itself has ordered domain registrars to shut down free speech. First was the E360 vs Spamhaus case, in which accused spammer E360 Insight sued anti-spam organization Spamhaus for labeling them as spammers and won by default when Spamhaus insisted that U.S. courts did not have jurisdiction over them in England and didn't appear. Unfortunately, U.S. courts did have jurisdiction over Spamhaus' domain registrar, who was nearly ordered to shut Spamhaus down (a court order was under consideration). Fortunately, Spamhaus was able to move their registration overseas before any shutdown order could be issued... more
Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
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