In the case of Lands' End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. §1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. more
The new and proposed ICANN registry contracts contain no definite price terms, and thus permit potential tiered pricing on a per domain name basis. This has raised concern within the community that a registry operator might abuse its sole source position to engage in pricing practices detrimental to registrants. ...Notwithstanding the possibility of tiered pricing on a per domain name basis in connection with the recently executed sponsored registry contracts (.MOBI, .JOBS, .TRAVEL, .CAT, and .TEL), there have been numerous comments submitted in connection with this possibility in connection with the proposed contracts for the .BIZ, .INFO and .ORG registry contracts. There were four messages that motivate me to write this article... more
Internet Governance is the buzzword, especially over the past couple of years, with debates and negotiations taking place almost with the same intensity and pathos of delicate issues, such as terrorism. But Internet Governance is a delicate issue. At the beginning, there was the web that made everything better... Life was good and exciting. That was Internet 1.0. But consider Internet 2.0, currently in development. No longer an egalitarian utopia, it has become much like the rest of our society -- divided by class, geography, culture, religion and politics. And its growing fragmentation threatens us all -- because we will be asked to take sides. more
Whatever you think the answer is (typically about ten bucks), the answer is likely to change radically for the worse, based on new contracts that ICANN is planning to approve. On July 28th ICANN posted proposed new contracts for .ORG, .BIZ, and .INFO, for a public comment period that ends four days from now, on the 28th. There's a lot not to like about these proposed contracts, but I will concentrate here on two related particularly troublesome areas, pricing and data mining. more
An article in the September issue of Wired explores search spam and the role of .info domain names. The article, titled "Spam + Blogs = Trouble" is a good overview of the problems of search spam, blog spam, and other various forms of web activity designed to take advantage of search engines. (The article will be online September 5, but you can read it on page 104 of the print edition that is available to subscribers now). For those not versed in search spam, it's basically creating multiple websites, typically auto-generated by computers, to get good search rankings and then monetize the resulting search traffic through AdSense or affiliate programs. The article focuses much of its attention to splogs, or auto-generated blogs... more
I finally got the "official" word from Vint Cerf of ICANN, "on the record", who confirmed that my interpretation is correct, that differential/tiered pricing on a domain-by-domain basis would not be forbidden under the .biz/info/org proposed contracts. This means that the registries could charge $100,000/yr for sex.biz, $25,000/yr for movies.org, etc. if they wanted to -- it would not be forbidden the way the proposed contracts are currently written. This would represent a powerful pricing weapon for registries, and a fundamental shift in possible domain name pricing, that could lead them to emulate .tv-style price schedules. It doesn't mean they will necessarily do it, but it's not forbidden. When a contract doesn't forbid something bad, it implicitly allows it... more
In the last few years there have been many discussions on how the Internet is governed, and how it should be governed. The whole World Summit on the Information Society (WSIS) ended talking about this problem. It caused exchange of letters between the US Secretary of State and the European Union presidency. And it caused a public discussion, organized by the US Department of Commerce on that issue. I saw some reflection of this discussion and here are some comments on that. My colleague Milton Mueller of the Syracuse University sent me an e-mail today in which, among other, it says, "A global email campaign by IGP generated comments from 32 countries... more
Today, there are hundreds of once highly protected famous name brands, which were backed by multi-million dollar promotional budgets, now commonly used in daily lingo as generic names, as it was their huge popularity that made them lose their trademark protection. So why is the use of famous trademarked names as 'verbs' in our daily language feared by the attorneys representing that mark? Now this calls for a closer look... more
The IETF DKIM working group has been making considerable progress, and now has a close-to-final draft. DKIM will let domains sign their mail so if you get a message from [email protected], the furble.net mail system can sign it so you can be sure it really truly is from furble.net. But unless you already happen to be familiar with furble.net, this doesn't give you any help deciding whether you want the message. This is where the new Domain Assurance Council (DAC) comes in... more
In looking at the general topic of trust and the Internet, one of the more critical parts of the Internet's infrastructure that appears to be a central anchor point of trust is that of the Domain Name Service, or DNS. The mapping of "named" service points to the protocol-level address is a function that every Internet user relies upon, one way or another. The ability to corrupt the operation of the DNS is one of the more effective ways of corrupting the integrity of Internet-based applications and services. If an attacker can in some fashion alter the DNS response then a large set of attack vectors are exposed. ...The more useful question is whether it is possible to strengthen the DNS. The DNS is a query -- response application, and the critical question in terms of strengthening its function is whether it is possible to authenticate the answers provided by the DNS. DNSSEC provides an answer to this question. more
With all of the recent excitement about *.cm, the Cameroonian wildcard that someone is using to collect vast numbers of mistyped .com addresses, I wondered how many other wildcards there were at the DNS top level. There's a total of 13. Half of the wildcards are harmless. The *.museum wildcard leads to a registry page that helps guess what you might have been looking for. ...The .mp page also claims that .mp is for Mobile Phone rather than for the Marianas Islands, but they're hardly the only small poor island to try to cash in on their ccTLD, and they at least run it themselves. more
The .cm (Cameroon) ccTLD operators have discovered that since their TLD is simply one omitted letter away from .com, that there is a gold mine in the typo traffic that comes their way. Accordingly, Cameroon has now wild-carded its ccTLD and is monetizing the traffic. The upshot is that, if the Neiman Marcus / Dotster lawsuit over 27 domain names was properly characterized as "massive", then the Cameroonians are now going well beyond massive... more
Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more
Another paper from the Fifth Workshop on the Economics of Information Security, (WEIS 2006) is Proof of Work can Work by Debin Liu and L, Jean Camp of Indiana University. Proof of work (p-o-w) systems are a variation on e-postage that uses computation rather than money. A mail sender solves a lengthy computational problem and presents the result with the message. The problem takes long enough that the sender can only do a modest number per time period, and so cannot send a lot of messages, thereby preventing spamming. But on a net full of zombies, proof of work doesn't work. more
Becky Burr (former NTIA official) and lobbyist Marilyn Cade has made a proposal to create a multilateral working group to oversee the root zone file updates. I would characterize the Burr-Cade proposal as a "small step for mankind and a giant step for the US" to paraphrase Neil Armstrong. The main merit of the proposal is that it looks like something the USG might want to follow. Sevaral people suggested there should be no governmental oversight at all but that does not look realistic, in the sense that there can be huge economic and political interests behind ICANN decisions. more
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