Featured Blogs

The Search for Net Neutrality

My weekly Law Bytes column (Toronto Star version, freely available version) examines the growing trend toward a two-tiered Internet, which upends the longstanding principle of network neutrality under which ISPs treat all data equally. I argue that the network neutrality principle has served ISPs, Internet companies, and Internet users well. It has enabled ISPs to plausibly argue that they function much like common carriers and that they should therefore be exempt from liability for the content that passes through their systems. ...Notwithstanding its benefits, in recent months ISPs have begun to chip away at the principle. more

How Domain Name Typo-Squatters are Gaming Google

In a recent article, eWeek reports on researchers at Microsoft revealing large-scale, typo-squatting schemes that use "multi-layer URL redirection to game Google's AdSense for domains program". According to this report, the Microsoft Research Systems Management Research Group succeeded in tracking a ring of typo-squatters registering misspelled domain names that generated traffic for serving advertising from Google. more

She Gave Me a Fake Phone Number!

The Intellectual Property Constituency, meeting at the ICANN conference in Vancouver, was interested in increasing ICANN's budget not because they thought they deserved it, but because they wanted ICANN to actually enforce the rules on the books about fake registrations. Now there's some evidence about how prevalent that is. If there's any surprise here, it's that the numbers are so low. more

How to Listen to the Individual Internet User

The recent ICANN meeting in Vancouver touched upon many issues important to ordinary Internet users: privacy in domain name registration; the cost and terms of .com domain names; internationalized domains; introduction of new domain suffixes. But there were few "ordinary Internet users" at the meeting. Few people can roam the globe to keep up with ICANN's travels, and not many more participate in online forums. more

The Problem With Wikis

Wikis have been around for a long time on the Web. It's taken a while for them to transform from geek tool to a mainstream word, but we're here now. Last week at the ICANN Meeting in Vancouver, it was fun to watch hundreds of people get introduced to Wikis and start using them, thanks to Ray King's ICANN Wiki project. In the past few days since, I've come to believe that Wikis are doomed unless they start thinking about security in a more serious way. more

Is a Domain Name Property?

In an article by Sheldon Burshtein, published in the Journal of Intellectual Property Law & Practice, the author examines the view on whether domain names are properties. The following is the abstract of this article: "...Domain names have become increasingly valuable assets, in some respects more valuable than trade marks. A domain name may identify not only the source of the goods, services, business or information, but also the virtual location of the source, much as an address or telephone number does. However, there is still a significant unresolved issue as to whether a domain name is a form of intangible property or merely a contractual right." more

The XXX Train Wreck in Vancouver

It is now clear that by sending its letter of August 12 blocking approval of the .XXX domain, the US Government has done more to undermine ICANN's status as a non-governmental, multi-stakeholder policy body than any of its Internet governance "enemies" in the ITU, China, Brazil, or Iran. And despite all the calls for a government role that would ensure "rule of law" and "accountability" of ICANN, the interventions of governments are making this aspect of Internet governance more arbitrary and less accountable. more

Splitting the Root: It’s Too Late

One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set. more

ALAC Meets the ICANN Board

For three years, I've been a member of ICANN's "Interim" At-Large Advisory Committee, ALAC. At this Vancouver meeting, for the first time, the ICANN Board met with us, and Bret captured it on mp3 for podcast. ALAC criticized ICANN's proposed settlement with VeriSign, and then spoke about the problems with the current structure for at-large participation. more

The “Parked Domain Monetization” Business

I think that a large number of people buying domains can't get their first choice name because some "parked domain monetization" operation (cyber-squatter) owns it and is making money running ads on the page. The trick is to sign up for millions of domain names; set up pages and run ads on them; after 1 day delete domains that have no traffic; after 3 days delete names that have some traffic; after 5 days delete pages with marginal traffic; keep the 1% of pages that have enough traffic to be worth keeping the domain. Because of the refund policy, the 99% of pages deleted before the 5 day grace period are refunded in full and the "monetizer" gets to keep the ad revenue generated over those 5 days. ...Interestingly, I think Google AdSense probably has boosted the viability of this business. more

VeriSign-ICANN Proposed Settlement Discussed in Vancouver

Unfortunately I cannot be in Vancouver for the conference. I write this from Cape Town, venue of last years fall ICANN. I want to disclose a couple of things upfront. Those who know me will know I am nothing if not strongly independent in my views. However disclosure helps those of a more suspicious mind know my associations and if they choose to, take them into account in interpreting my opinions. ...I am somewhat disappointed by the reaction to the proposed settlement. I feel that most of the discussion fails to take into account the actual conditions under which the settlement has been negotiated. more

ICANN and Legalities

Bret Fausett points to two lawsuits against VeriSign and ICANN for violating U.S. anti-trust laws. They state the obvious: VeriSign and ICANN made an agreement that is to the large financial benefit of the two corporations and the financial detriment of nearly everyone else. The proposed contract is absurd, but so is ICANN's request that people comment on it before ICANN approves it. Anyone familiar with legal negotiations could see that there is no room for significant negotiation on the part of ICANN. more

Lawsuits Filed Against ICANN-VeriSign Settlement

The new organization called Coalition for ICANN Transparency (CFIT) has filed a lawsuit against ICANN and VeriSign in order to stop implementation of the proposed .com registry agreement. According to its description, "CFIT is a not-for-profit Delaware corporation based in Washington, D.C. CFIT’s supporters include individuals, organizations, institutions and companies who are committed to the core principles on which ICANN, the internet governing body is founded." more

Five More Years! There Was No “Deal” and WSIS Resolved Nothing

The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more

Flushing the ‘Net Down the Tubes

Doc Searls has written a brilliant piece framing the battle for the 'Net at Linux Journal. The piece is long, but if you take the time to read just one essay on the 'Net and the politics surround it this year, read this one. If you're involved in public policy, it's especially important that you take the time to understand what's at stake here. One of Doc's main points: we haven't framed the conversation correctly and our poor choice of words makes the argument seem overly technical and arcane when it's really about freedom, markets, and innovation. more