Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more
This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more
The country's first criminal trial about spam ended in Leesburg, Virginia earlier this month with a conviction of Jeremy Jaynes, better known under his nom de spam of Gavin Stubberfield. I was an expert witness for the prosecution, the Commonwealth of Virginia. The case was brought under Virginia's state anti-spam law, not the weaker Federal CAN-SPAM act... more
On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC more
A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more
Much of the discussion about proposed TLDs centres around domain names as a form of classification: ".mobi" for mobile device content, ".kids" for child-safe content, language codes for language-specific content, ".museum" for museum-related entities, and so on. Notoriously little activity has been forthcoming in actually implementing these proposals, and the select few that have been allowed out into the world are, shall we say, a tad arbitrary. I'd like to engage in a little thought experiment where we abandon the "few TLDs with carefully chosen meanings" paradigm, and instead consider the benefits of a cornucopia of completely meaningless TLDs. more
A group of leading domain name registries and registrars have joined forces in the fight against abuse in the Domain Name System (DNS), by developing a "Framework to Address Abuse." Each contributing company has shared its expertise and experience mitigating abusive practices with the goal of submitting the resulting Framework as a foundational document for further discussion in the multistakeholder community. more
I've been privately talking about the theoretical dangers of HTTPS hacking with the developers of a major web browser since 2006 and earlier last month, I published my warnings about HTTPS web hacking along with a proposed solution. A week later, Google partially implemented some of my recommendations in an early Alpha version of their Chrome 2.0 browser... This week at the Black Hat security conference in Washington DC, Moxie Marlinspike released a tool called SSL Strip... more
In this newly released paper Randal Vaughn and Gadi Evron discuss the threat of Distributed Denial of Service (DDoS) attacks using recursive DNS name servers open to the world. The study is based on case studies of several attacked ISPs reported to have on a volume of 2.8Gbps. One reported event indicated attacks reaching as high as 10Gbps and used as many as 140,000 exploited name servers. more
Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more
At the Internet Governance Forum in Baku, I made an intervention on behalf of NL IGF, reporting on the recommendations given by the participants of Workshop 87... I concluded that more regulatory and law enforcement bodies need to become part of the IGF discussions, as they are an integral part of governing the Internet from a safety and security perspective. Mr. Cerf responded with a one-liner: "I can't help observing, if we keep the regulatories confused, maybe they will leave us alone". more
Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more
Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more
In many respects the internet is going to hell in a hand basket. Spam, phishing, DNS poisoning, DDoS attacks, viruses, worms, and the like make the net a sick place. It is bad enough that bad folks are doing this. But it is worse that just about every user computer on the net offers a nice fertile place for such ill behavior to be secretly planted and operated as a zombie under the control of a distant and unknown zombie farmer. ...Some of us are coming to the converse point of view that the net is being endangered by the masses of ill-protected machines operated by users. more
I previously provided a brief overview of how Verisign iDefense characterizes threat actors and their motivations through adversarial analysis. Not only do security professionals need to be aware of the kinds of actors they are up against, but they should also be aware of the tactical data fundamentals associated with cyber-attacks most commonly referred to as indicators of compromise (IOCs). Understanding the different types of tactical IOCs can allow for quick detection of a breach... more
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