Cybercrime

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

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

Sitting Around the Domain Table

I went to Domain Roundtable with some reservations. I was excited about meeting other domain portfolio holders, but I wasn't sure what to expect from the ICANN and Verisign people there, the corporate intellectual property people, and the corporate attorneys. I was pleasantly surprised by everyone I met. more

New Study Revealing Behind the Scenes of Phishing Attacks

The following is an overview of the recent Honeynet Project and Research Alliance study called 'Know your Enemy:Phishing' aimed at discovering practical information on the practice of phishing. This study focuses on real world incidents based on data captured and analyzed from the UK and German Honeynet Project revealing how attackers build and use their infrastructure for Phishing based attacks. "This data has helped us to understand how phishers typically behave and some of the methods they employ to lure and trick their victims. We have learned that phishing attacks can occur very rapidly, with only limited elapsed time between the initial system intrusion and a phishing web site going online..." more

Port 25 Blocking, or Fix SMTP and Leave Port 25 Alone for the Sake of Spam?

Larry Seltzer wrote an interesting article for eWeek, on port 25 blocking, the reasons why it was being advocated, and how it would stop spam. This quoted an excellent paper by Joe St.Sauver, that raised several technically valid and true corollaries that have to be kept in mind when blocking port 25 -- "cough syrup for lung cancer" would be a key phrase... Now, George Ou has just posted an article on ZDNET that disagrees with Larry's article, makes several points that are commonly cited when criticizing port 25 blocking, but then puts forward the astonishing, and completely wrong, suggestion, that worldwide SPF records are going to be a cure all for this problem. Here is my reply to him... more

Morgan Freeman Wins Transfer of morganfreeman.com from Cybersquatter

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

ACPA Applies to Noncommercial Use of Domain Name

A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... more

Protecting the Internet: Certified Attachments and Reverse Firewalls?

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

What is ‘Pharming’ and Should You Be Worried?

The sky is falling! The sky is falling! ...or is it? What is this thing called "pharming"? Put simply, it's redirection of web traffic, so that the server you think you're talking to actually belongs to a criminal. For example: you think you're talking to www.examplebank.com because it says so in the browser's address bar, but actually you're connected to www.mafia-R-us.ru. This can happen in three main ways: 1. DNS Hijack: a social engineering attack on the Internet infrastructure... more

CENTR Statement on IDN Homograph Attacks

Recently a proof of concept attack was announced on the Internet that demonstrated how a web address could be constructed that looked in some web browsers identical to that of a well known website. This technique could be used to trick a user into going to a website that they did not plan on visiting, and possibly provide sensitive information to a third party. As a result of this demonstration, there has been a number of voices calling for web browsers to disable or remove support for IDNs by default. ...CENTR, a group of many of the world's domain registries - representing over 98% of domain registrations worldwide - believes such strong reactions are heavily detrimental... more

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more

Survey Predicts Attacks on the Network Infrastructure Within 10 Years

Pew Internet Project has released a report called "The Future of the Internet" based on a recently conducted survey where 1,286 internet experts are said to have looked at the future impact of the internet and assessed predictions about how technology and society will unfold. The following is and excerpt from the report predicting at least one devastating attack will occur in the next 10 years on the networked information infrastructure or the United States power grid. more

Person to Person Security and Privacy Infringement

IT security strategies invariably focus on maintaining impenetrable fortresses around computers and network systems. Firewalls, virtual private networks and anti-virus programs are the tools IT engineers use to create their digital security. Sophisticated defense systems can be very effective at keeping the obvious attackers at bay, yet they often create a false sense of security because the real attacks, the kind that inflict irreparable damage on a system or network, avoid the obvious routes into the secure fortress. more

Internet Management and National Security: Time for a Federal Action Plan

Former CIA Director George Tenet recently gave a speech highlighting the need for federal action on internet management in order to protect national security. As reported by the online edition of Government Executive, Mr. Tenet explained that, "greater government regulation of the Internet and telecommunications networks is needed in order to guard against terrorist attacks." more

Are We Attending the Right ICANN Meeting?

I have no idea who wrote that wonderful piece, Time for Reformation of the Internet, posted by Susan Crawford. (It wasn't me - I never use the word "netizen".) Elliot Noss of Tucows wrote a partial rebuttal, I must be attending the wrong ICANN meetings. Elliot's company, Tucows, has been a leader in registrar innovation and competition. And Tucows has constantly been among the most imaginative, progressive, responsible, and socially engaged companies engaged in these debates. ...But the points made by Time for Reformation of the Internet go far beyond registries and registrars. more