When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

Mozilla Implements TLD Whitelist for Firefox in Response to IDN Homographs Spoofing

Mozilla Foundation has announced changes to Firefox concerning Internationalized Domain Names (IDN) to deal with homograph spoofing attacks. According to the organization, "Mozilla Foundation products now only display IDNs in a whitelist of TLDs, which have policies stating what characters are permitted, and procedures for making sure that no homographic domains are registered to two different entities." Following is a statement explaining the current status of the Mozilla changes to Firefox regarding IDN... more

Abusive Anti-Anti-Spam Scheme a Dreadful Strategy

A new company called Blue Security purports to have an innovative approach to getting rid of spam. I don't think much of it. As I said to an Associated Press reporter: "It's the worst kind of vigilante approach," said John Levine, a board member with the Coalition Against Unsolicited Commercial E-mail. "Deliberate attacks against people's Web sites are illegal." more

The Power of Google

The other night I was chatting with my wife about things and I mentioned a TV show that I saw back in the 1980's about a home-brew nuclear device in which the bomb-squad person who cuts the cliche red or green wire makes the wrong choice. So I went to Google to find the movie. I had a hard time finding it. (I eventually did - it was the 1983 show Special Bulletin.) But along the way I more than once wondered whether my memory was playing games on me. The meta-thought that came about was this... more

When Will The Internet Be Divided Among Nations?

The desired goal of most of the other countries other than US is to end up with their own local language suffixes, own local language domain names, basically their own Internet, with its own domain registration policies -- in a nutshell, a very big and a very complex global mess, indeed. This fight over ICANN, the Internet Corporation for Assigned Names and Numbers, is all about a golden key, as without it, the Internet is completely useless. ...It's also ICANN, the organization that from the start has made some very stringent and often very weird policies about such issues as the golden keys. Now its global authority is being challenged, and such fights could divide the power of this controlling body, and any adverse outcome will simply split the Internet.  more

A Balkanized Internet Future?

Joi Ito has an important post [also featured on CircleID] on how the internet is in danger of becoming balkanized into separate "internets". He's not the only person who's concerned. Greg Walton worries about Regime Change on the Internet. My friend Tim Wu, a law professor specializing in international trade and intellectual property, has written an article for Slate: The Filtered Future: China's bid to divide the Internet... more

News from the Authentication Summit in NYC

At The Email Authentication Implementation Summit in New York City last week, several major ISPs surprised attendees with their announcement that they are jointly backing a single authentication standard. Yahoo!, Cisco, EarthLink, AOL, and Microsoft got together and announced they are submitting a new authentication solution, DomainKeys Identified Mail to the Internet Engineering Task Force for approval as a standard. This is big news... more

ICANN Needs a Good Root

It's not been the best of years for ICANN. Leaving aside for a few seconds the controversy about xxx, and the allegations of improper behavior about the .Net assignment, ICANN has had a lot to deal with. The troubles began with the UN Working Group on Internet Governance hell bent on fixing ICANN, even though ICANN says nothing is broke. That trouble remains and isn't likely to go away for some time. And then, just when it seemed that the UN and ITU was the cause of all ICANN's problems, the old ally, US Government's DOC, decided that it was going to be in charge of ICANN. ...This could be the beginnings of a distinct change where the centralized DNS as we know it gradually gives way to some next generation structure which is far more decentralized. The coming 12 months may see some significant changes in this area. more

Working Group on Internet Governance Releases Report

The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more

ICANN Meetings in Luxembourg

The ICANN Meetings are in full flow here in sunny Luxembourg. The venue is immense and located a cab, bus, or shuttle ride from the various hotels. So far, the big topics are the .Net finalization (focusing on the readjustment of the pricing verbiage), the USDOC root announcement, the shell registrar accreditations used in the batch pool for the purposes of getting dropped names, and the practice of registrars exploiting the 5 day add grace period to register in excess of 50000 names to watch how much web traffic they have, and returning the ones that do not at no cost... more