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For an organization where people argue for hours over arcane minutiae, it's remarkable that virtually everyone agrees that ICANN should serve the "global public interest" and build "consumer trust" in the Internet. Although it's only three pages long, ICANN's Affirmation of Commitments (AoC) cites "public interest" five times and "consumer trust" eight times. So at the ICANN meeting today in Cartagena, Colombia, a group of participants explored ways to "institutionalize" these concepts within the organization. more
Earlier this year, the New Zealand Department of Internal Affairs, the US Federal Trade Commission, and the Australian CMA broke up a large fake drug spam ring known as Herbal Kings, run by New Zealander Lance Atkinson. The NZ government fined him NZ$108,000 (about US$80,000) which, while a substantial fine, seemed pretty small compared to the amount of money he must have made. But today, at the FTC's request a US judge fined Atkinson US$15.5 million, and got his US accomplice Jody Smith to turn over $800,000, including over $500,000 in an Israeli bank. more
While most people I know are at either VoiceCon or CTIA this week, this one is worth staying home for. Also, I'm sure all the Skype followers are focused today on the news about working with the iPhone -- and that IS a big story. However -- for very different reasons -- I'm sure you'll find this one of interest too. This was a front page story in today's Globe and Mail, and no doubt many other Canadian dailies... more
On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more
As I wrote in December 2015, some Internet commerce companies - including domain name registries, registrars, advertising providers, social media platforms, payment processors and shippers - are doing right by patients in taking voluntary action against illegal online drug sellers. This is no small feat as 97% of the roughly 35,000 active online drug sellers are operating illegally. more
The proverbial Pandora's box that is opened whenever the topic of online copyright infringement is raised throws into sharp relief a host of challenges that have confounded policy makers, internet service providers and consumers for many years. Chief amongst them is how to strike an appropriate balance between protecting the rights of content owners while continuing to promote the interests of the public and preserving the benefits of the internet, given its unprecedented ability to facilitate the rapid dissemination of copyrighted content. more
Not so long ago, the notion of introducing laws and other regulatory responses to address cyber security issues was regarded with significant hesitation by governments and policy makers. To some extent, this hesitation may well have stemmed from a general perception by those who do not work directly in the field that the world of cyber security is somewhat of a 'dark art'. More recently, however, there has been a substantial shift in this attitude, with proposals to regulate a range of cyber security related matters becoming increasingly numerous. more
"On the Internet, no one knows whether you're a dog." Of course, if you are a dog, and you are fibbing about it, according to the US Attorneys Office out in California you're a felon and should be sent to the dog pound. Fortunately, there's a new dog in town who seems to be howling a different tune. Bad facts make for bad law. The unfortunate alleged facts of this case involved fibbing about actual identities, playing with a young girl's emotions, and the girl's eventual suicide. more
Last week, I read Ed Falk's blog post where he commented on a possible solution to the spam problem. He himself was commenting on a study done by researchers out of the University of California where they discovered that credit card transactions for stuff bought in spamvertisements are handled by three companies: one in Azerbaijan, one in Denmark and one in the West Indies. Presumably, if security experts and law enforcement went after these companies, spammers would have their financial supply cut off. No money = no incentive to spam. more
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more
As if there weren't enough problems with lawyers sending out improper cease-and-desists, Wired News reports that a Nevada man has pleaded guilty to impersonating a lawyer to extort domain registrants to turn over their domain names. "A Nevada man pleaded guilty Thursday to his plotting to steal domain names from their legitimate owners by impersonating a California intellectual property lawyer and send threatening letters to domain name owners in hopes of convincing them to turn over the domains to him..." more
On Wednesday 22 February the United States and The Netherlands signed a "declaration of intent" on the cooperation on fighting cybercrime. This event was reported by the press as a treaty. At least that is what all Dutch postings I read wrote, with exception of the official website of the Dutch government. So what was actually signed? Reading the news reports some thoughts struck me. more
The EU's 'cyber security' Agency ENISA (The European Network and Information Security Agency) has launched a new report concluding that the EU should focus its future IT security research on five areas: cloud computing, real-time detection and diagnosis systems, future wireless networks, sensor networks, and supply chain integrity. more
Over the weekend and this morning, Microsoft, working in conjunction with others, issued civil lawsuits to sinkhole numerous domains associated with the Zeus botnet. When I say "botnet", I use the term loosely because Zeus is not a botnet in the sense that Rustock or Waledac is (or was). Rather, Zeus is a tool kit that online criminals can buy that lets them create phishing pages, perform fast fluxing, host drive-by downloads in addition to spamming. It's more like infrastructure than a botnet, although it does have a large botnet under its control. more
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations... Obviously, given the above WIPO case, that statement is false. more
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