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When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more
I've mentioned before that there is something special about the .net top level domain - in particular .net is the place where the legacy root DNS servers and most of the TLD servers are to be found. Thus, if .net were to wobble there is more than a strong chance that the DNS root and other TLDs would also begin to wobble. This kind of cross-dependency is something that A) is a risk to overall internet stability and B) is something that ICANN seems utterly unable to perceive. more
Much has been said about how Google uses the services they provide, including their mail service, their office productivity tools, file storage and similar services, as a means of gathering an accurate profile of each individual user of their services. The company has made a very successful business out of measuring users, and selling those metrics to advertisers. But can we measure Google as they undertake this activity? How many users avail themselves of their services? Perhaps that's a little ambitious at this stage, so maybe a slightly smaller scale may be better. Let's just look at one Google service. more
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more
Google revealed on its official blog today that it is handling an average of more than 70 billion requests per day on its free Public DNS service. According to VeriSign's latest public statistics, it is handling only an average of 59 billion DNS requests per day, less than that handled by Google. more
The U.S. Congress' road to Stopping Online Piracy (SOPA) and PROTECT IP (PIPA) has had some twists and turns due to technical constraints imposed by the basic design of the Internet's Domain Name System (DNS). PIPA's (and SOPA's) provisions regarding advertising and payment networks appear to be well grounded in the law enforcement tradition called following the money, but other provisions having to do with regulating American Internet Service Providers (ISPs) so as to block DNS resolution for pirate or infringing web sites have been shown to be ineffectual, impractical, and sometimes unintelligible. more
There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more
The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more
CircleID recently interviewed Meng Weng Wong, the lead developer of Sender Policy Framework (SPF) and founder of Pobox.com. As one of the leading anti spam authentication schemes, SPF is used by companies such as AOL, Earthlink, SAP and supported by anti spam companies such as Sophos, Symantec, Brightmail, IronPort, Ciphertrust, MailArmory, MailFrontier, Roaring Penguin Software, and Communigate Pro. Last month, Microsoft announced its agreement to merge Caller ID, its own proposed anti spam authentication scheme, with SPF -- the joint standard is called 'Sender ID'. In this two-part interview, Meng Wong explains how SPF got started, where it is today and what could be expected in the future of email. more
"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more
Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)... more
After releasing .travel and .jobs (hey, steve.jobs up for bidding!), ICANN said they will look at .xxx and .asia next. (via Chiao) "Vint Cerf: ...of those, we have had fairly extensive discussion about .asia and .xxx. We continue to evaluate those. The others will be attended to as we can get to them. But i want to say for the record that we will attempt within the next 30 days to come to a conclusion one way or the other about .asia and .xxx so these will be on a board call sometime within that period." Chiao called .ASIA "more or less like a joint venture among APxx organizations". I say nonsense! Don't let appearance fool you. more
Go Daddy Software, Inc. has filed a lawsuit in Federal District Court in Arizona against VeriSign Inc., seeking a temporary restraining order against VeriSign's new Site Finder service, a paid-advertising page VeriSign has established on the Internet to which the traffic associated with mistyped, and other, domain names will be directed. Go Daddy's lawsuit claims that VeriSign is misusing its position as the .com and .net domain registry to gain an unfair competitive advantage by intercepting (and profiting from) internet traffic resulting from the scores of invalid domain names that are typed into users' browsers on a daily basis. more
Some individual appears to have hijacked more than a 1,000 home computers starting in late June or early July and has been installing a new Trojan Horse program on them. The Trojan allows this person to run a number of small websites on the hijacked home computers. These websites consists of only a few web pages and apparently produce income by directing sign-ups to for-pay porn websites through affiliate programs. Spam emails messages get visitors to come to the small websites.
To make it more difficult for these websites to be shut down, a single home computer is used for only 10 minutes to host a site. After 10 minutes, the IP address of the website is changed to a different home computer... more
Mid-January 2012 marked a major inflection point for digital copyright policy in the United States... Yet no one involved with Congressional interaction on either side of the issue believes it has been sidetracked for long, and "Hollywood" and "Silicon Valley" are both plotting their next moves in this high-stakes game to further define the responsibilities and potential liabilities... The resolution of this dispute will determine the ability of Internet services to move to "the cloud"... more
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