TechCrunch reports that its brand has been taken as a Twitter name, and that there is a landrush going on to get these names, which are already trading for money. The problem is so bad that a name brokerage, Tweexchange, has sprung up to get to facilitate sales. more
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
The OTP, or One-Time Pad, also known as the Vernam cipher, is, according to the NSA, "perhaps one of the most important in the history of cryptography." If executed correctly, it provides uncrackable encryption. It has an interesting and storied history, dating back to the 1880s, when Frank Miller, a Yale graduate, invented the idea of the OTP. Communication was expensive and difficult in the age of telegrams, and few messages were easily encrypted. more
There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more
I'm a real fan of the Google Masterplan since its publication in 2005. After the introduction of its own global DNS I thought it might be a good idea to have a second look on the G-Masterplan. What I found is astonishing and shows the steps to .google. more
I opined about a year ago that DNS blacklists wouldn't work for mail that runs over IPv6 rather than IPv4. The reason is that IPv6 has such a huge range of addresses that spammers can easily send every message from a unique IP address, which means that recipient systems will fire off a unique set of DNSBL queries for every message... Now I'm much less sure this will be a problem... more
You can't open a newspaper today, listen to the radio, or watch TV without hearing about the enormous explosion in the use of telecommunications technology - be it fixed or mobile broadband, the internet, social media, smartphones, tablets, wearables, IoT, cloud computing, the list is endless... Yet, at the same time, many telcos and ISPs are struggling to maintain their profitability. This defies economic logic. more
ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more
In a series of recent blog posts I've described the technical challenges in registration operations, a proposal for an industry association, and announced an interactive workshop to explore association formation. This is an update on where things stand with the workshop. The first Registration Operations Association Workshop is scheduled for Thursday, 16 October 2014 in the Pacific Palisades room at the Los Angeles Hyatt Regency Century Plaza hotel, the same venue being used for ICANN 51. more
The announcement yesterday morning in the Times that New York State AG Andrew Cuomo had reached an agreement with three US network operators (Verizon, Sprint, and Time Warner) about blocking child pornography was both less and more important than it appeared. It's less important in that part of the agreement covers something ISPs already do... more
As you may be aware from recent news reports, traffic to the youtube.com website was 'hijacked' on a global scale on Sunday, 24 February 2008. The incident was a result of the unauthorised announcement of the prefix 208.65.153.0/24 and caused the popular video sharing website to become unreachable from most, if not all, of the Internet. The RIPE NCC conducted an analysis into how this incident was seen and tracked by the RIPE NCC's Routing Information Service (RIS) and has published a case study... more
The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more
At today's "Managing Critical Internet Resources" session of the Internet Governance Forum 2009, the ITU agenda on taking a role in IPv6 distribution once again reared its ugly head. In a heated exchange, Professor Dr Sureswaran Ramadass, the Director of Nav6 an ITU consultant/fanboy squared off with the new ICANN CEO about competition in IPv6 address distribution. more
In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more
While I like John Ottaviani's perspectives on 2009's top Cyberlaw developments a lot, I independently developed my own top 10 list that has a different emphasis. You might enjoy the contrasts. My list... more
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