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Diverting Traffic On The Web: Trademarks And The First Amendment

What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more

Skype Goes IPO - What Should Service Providers Do?

Last week's news about Skype's planned IPO brings a renewed focus on what constitutes a service provider these days, and perhaps more importantly, what forms the basis for its valuation? We all know how the advent of IP has turned the economics of telephony on its head, and the drivers of value continue to shift from the physical world of network infrastructure to the virtual world of software, the Web and now the cloud.
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IPv6 Security Myth #4: IPv6 Networks are Too Big to Scan

Here we are, all the way up to Myth #4! That makes this the 4th installment of our 10 part series on the top IPv6 Security Myths. This myth is one of my favorite myths to bust when speaking with folks around the world. The reason for that is how many otherwise well-informed and highly experienced engineers, and others, hold this myth as truth. It's understandable, really. more

Letter from EU to UN Secretary General

Today the Swedish IT Minister Åsa Torstensson together with the Commissioner Viviane Reding sent a letter to the UN Secretary General Ban Ki-moon. I think the letter is extremely well written, but when I twittered about it, some people contacted me and asked what was so special with it? Let me try to explain... more

Comcast’s Network Management Practices: A Brief Analysis

Late last week, Comcast officially disclosed to the FCC details of its network management practices which have been a subject of considerable discussion here on CircleID. (My thanks to Threat Level from Wired.com for providing a convenient copy of Comcast's "Attachment A" in which this disclosure is made.) There's not a lot of startling disclosure in this document, but it does provide some useful concrete facts and figures. I'll quote the more interesting parts of the document here, and offer comment on it. more

Malware Detection Provider Gets Important Victory Allowing It to Flag Unwanted Driver Installer

Despite a recent Ninth Circuit decision denying immunity to malware detection software for targeting competitor's software, court holds that Section 230 protected Malwarebytes from liability for designating software driver program as potentially unwanted program. Plaintiff provided software that works in real-time in the background of the operating system to optimize processing and locate and install missing and outdated software drivers. more

Court Finds Anti-Malware Provider Immune Under CDA for Calling Competitor’s Product Security Threat

Plaintiff anti-malware software provider sued defendant -- who also provides software that protects internet users from malware, adware etc. -- bringing claims for false advertising under the Section 43(a) of Lanham Act, as well as other business torts. Plaintiff claimed that defendant wrongfully revised its software's criteria to identify plaintiff's software as a security threat when, according to plaintiff, its software is "legitimate" and posed no threat to users' computers. more

A Confession About The ICANN WHOIS Data Reminder Policy

With all the recent attention to WHOIS, it's time for a confession: I'm somewhat guilty for the infamous WHOIS Data Reminder Policy. With hindsight, it's a bad policy, and it needs to die. The year was 2002. ICANN's DNSO (soon to be renamed as the GNSO) had a WHOIS Task Force, and was trying to extract policy choices from an ill-conceived and worse-executed survey of assorted self-selected stakeholders. more

ICANN Moves Forward On New gTLDs

The introduction of new generic top-level domains (gTLDs) to the Internet moved a step closer Friday, when the ICANN Board laid out its plan for the final stages of approving the new gTLD program. In a lengthy resolution, passed unanimously at the conclusion of a week of consultations in Cartagena, Colombia, the Board sought to draw a line under some policies where it believes the community has reached agreement, while highlighting others where further discussions are needed before the doors are opened to applications next year. more

ICANN Tests IDN TLD (Live!)

At ICANN San Juan, I found out from Tina Dam, ICANN's IDN Program Director, that she was putting together a live IDN TLD test bed plan which includes translations of the string .test into eleven written languages (Arabic, Chinese-simplified, Chinese-traditional, Greek, Hindi, Japanese, Korean, Persian, Russian, Tamil and Yiddish) and ten scripts (Arabic, Cyrillic, Devanagari, Greek, Han, Hangul, Hebrew, Hiragana, Katakana, Tamil)... Two days ago, ICANN provided an update on this project... more

UDRP Failure Endangers Consumers

Yesterday I participated in a panel at the International Consumer Product Safety Conference sponsored by the International Consumer Product Health and Safety Organization (ICPHSO) held at the European Commission in Brussels Belgium. This conference brings together the global community of product safety engineers, manufacturers, retailers, regulators, inspectors, and counterfeiting investigators. The role of online fraud and illicit product traffic is clearly one of the conference priorities. more

DDOS and the DNS

The Mirai DDOS attack happened just over a year ago, on the 21st October 2016. The attack was certainly a major landmark regarding the sorry history of "landmark" DDOS attacks on the Internet. It's up there with the Morris Worm of 1988, Slammer of 2002, Sapphine/Slammer of 2009 and of course Conficker in 2008. What made the Mirai attack so special? more

NCUC Group Releases Nominations

The Noncommercial Users Constituency (NCUC) is the constituency group representing civil society organizations in the formation of domain name policy. In August 2004 it initiated a process to nominate people to serve on the UN Secretary-General's Working Group on Internet Governance, as representatives of civil society. Our purpose was to assist the Secretary-General to identify qualified and widely-supported individuals capable of serving on the WGIG on behalf of civil society. more

The Unbelievably High Cost of the War Against Huawei

U.S. companies were selling $11 billion a year of parts to Huawei before the blockade. Losing those sales is just the start of the damage. Every other Chinese and Russian company is making sure to find non-US suppliers. The U.S. has threatened India and Turkey with sanctions as well. As other companies replace U.S. components, the impact will be tens of billions more than the $11 billion of Huawei suppliers. more

Crack the Code: That’s a Direct Challenge

I had quite an interesting experience recently. I was hired by a company to perform a vulnerability assessment and penetration test on their network. During the initial meeting, one of the key technical staff presented me with a challenge; He handed over the NTLM hash of the domain Administrator account and challenged me to decipher it. He explained that the complexity and length of the password would prevent me from deciphering it during the time allotted for the project. He was actually quite confident in my impending failure... more

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