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At ICANN's meeting in Egypt last week, I had the opportunity to try and explain to various non-technical audiences why the Domain Name System (DNS) is vulnerable to attack, and why that is important, without needing a computer science degree to understand it. Here is the summary. more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
In June 2004, Yahoo! and a number of other companies got together to announce the Anti-Spam Technical Alliance or ASTA. While it appears to have been largely silent since then, ASTA did at least publish an initial set of best practices the widespread adoption of which could possibly have had some impact on spam... The majority of these are clearly aimed at ISPs and end users, but some are either generally or specifically relevant to email providers such as Yahoo!, Google or Microsoft... The problem: Since February this year, we have been receiving a significant quantity of spam emails from Yahoo!'s servers. In addition to their transport via the Yahoo! network, all originate from email addresses in yahoo.com, yahoo.co.uk and one or two other Yahoo! domains. Every such message bears a Yahoo! DomainKeys signature... more
Clearly whatever it is that Dutch politician Geert Wilders wants to talk about in his film is going to be the end of the internet. The news that Network Solutions decided to pre-empt his use of a domain name registered through them for the purpose of promoting his film need not be re-hashed here. However, before bemoaning yet another registrar freely deciding, as is its right, with whom it chooses to do business, it's important to look at the big picture. No, it is not "censorship" for Network Solutions to decide how it wants its services to be used... But, perhaps we might understand Network Solutions policy more clearly by looking at domain names registered through NSI... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
The main reason for developing a new internet protocol was based on lack of address; however this was not the only reason. Unfortunately, many people think of IPv6 only as enormous address space, but there are a lot of other advantages, for example... authorizations and authentication function are implemented directly in the protocol and are mandatory... automatic configuration of network interfaces based on their physical address... protocol itself recognizes data streams which must be transmitted in real time, and the data must be processed with highest priority... more
Bob Marley's Wailers, who eventually became known simply as the "Wailers" after Bob Marley's death, successfully argued for dismissal of this cybersquatting and trademark infringement lawsuit brought by band members of another Wailers musical group who started using the band name 10 years before Bob Marley named his group in 1969... 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
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
The defendants in Dell's domain tasting suit responded last Friday. It looks like a pretty feeble response to me. Their main argument is that they're just the registrar, and deny Dell's claim that the registrants are fakes made up by the registrar. They also argue that they're not infringing, they didn't use the names in question in commerce, they were just acting as helpful search engines, you know, like Google or Yahoo. (The comparison to Google and Yahoo is theirs.) more
The majority of private Internet users in Germany favour the increased usage of local domain endings as in .city or .region in the future because the more memorable names will help them to better find the information that they are looking for. That is the core result of a representative survey that was commissioned by eco Verband der deutschen Internetwirtschaft and conducted by the market research company eResult at the beginning of October. eco is the registered association of German Internet enterprises... more
You all remember cybersquatting, a popular sport in the late 90s, right? McDonalds.com, JenniferLopez.com, Hertz.com and Avon.com thankfully all point to the right web sites today, but thaiairline.com, mcdonald.com, luftansa.com, gugle.com, barnesandnobles.com and other misspellings are fake web sites intended to trap the casual surfer with a hand that's a bit too much quicker than the eye... If you want to go to the McDonalds web site, you don't even spend the 10 seconds to look it up -- you will type McDonalds.com and expect to see the latest dollar meal menu. But the same is true for the other popular form of communication -- email... more
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more
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