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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
One of the key features of the soon-to-launch iPhone is its advanced web browser capabilities. "The iPhone is the first smart phone we've tested with a real, computer-grade Web browser, a version of Apple's Safari," say the Wall Street Journal. To make the user's browsing experience even more efficient, the phone even comes with a top-level domain (TLD) button labeled ".com". Rather interesting given that today there are over two hundred TLDs in existence including .mobi... more
While travelling home from Geneva, I was thinking quite a lot on the relationship between a ccTLD (registry) and a Country. This is because many countries are starting to talk louder and louder about the responsibilities Countries have on critical infrastructure, or (possibly more important) the management of the critical infrastructure. Will for example any (none?) of ccTLD operators (servers) sustain a denial of service attack of a scale similar to the attack on the root servers? What can ccTLD operators do to resist the malicious attacks? Should this be discussed? more
The past several years have seen significant efforts to keep local Internet communications local in places far from the well-connected core of the Internet. Although considerable work remains to be done, Internet traffic now stays local in many places where it once would have traveled to other continents, lowering costs while improving performance and reliability. Data sent directly between users in those areas no longer leaves the region. Applications and services have become more localized as well, not only lowering costs but keeping those services available at times when the region's connectivity to the outside world has been disrupted... The recently published paper, "Geographic Implications of DNS Infrastructure Distribution" focuses on the distribution of DNS infrastructure. more
ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more
ICANN's web site has a press release saying that the were granted a temporary restraining order on Monday requiring that Registerfly cough up all the info on their registrants, or else.
My assumption all along has been that the reason that Registerfly hasn't provided full info is because they don't have it. ICANN agrees that they got partial data last month, and it's hard to imagine a reason that Registerfly would have given them some of the data but deliberately held back the rest. I guess we'll know soon enough.
By the way, I hear that ICANN plans to implement their registrar escrow policy, the one that's been in the contracts since 2000, pretty soon. more
Verizon filed sued against iREIT and Domain Marketplace a couple of weeks ago in a Texas court, alleging cybersquatting. David Kesmodel's blog broke the story, and I used the PACER system to obtain the court filings, which are posted here. Exhibit 5 makes fascinating reading, especially when point #43 in the main statement of claim says "Exhibit 5 details only one famous trademark for each letter of the alphabet." more
ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more
You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more
David Pecker is the chairman of American Media, Inc., publisher of, among others, National Enquirer and Weekly World News. 'Mr. Ferris' registered the domain name DAVIDPECKER.COM, had a PPC company host it, where it was keyed to ads for porn, because, according to the registrant, the word PECKER was in the domain name. Mr. Pecker brought a UDRP. Although 'Mr. Ferris' (as he is identified in the decision) did not seem (to me) that he could establish a bona fide intent to use the name in conenction with an offering of goods or services, and altohugh there seemed to be plausible evidence of bad faith, the UDRP was denied... more
One of my pet peeves is the headline "n %" of email is spam, it is inherently misleading, and conveys no useful data. I guess it makes for great newspaper headlines then! On our servers looking at one email address for 4 hours, we saw 208 attempted connections for SMTP traffic referring to this email address. ...One can't measure spam in relation to the amount of genuine email, because the amount of genuine email is not connected to the amount of spam... more
Since the Tunis WSIS mandate was given to the UN Secretary General to convene the Internet Governance Forum (IGF), interest on the new emerging entity and its possible effects on the IG debate has been allegedly high. But as time is approaching when the IGF inaugural meeting will start its activities in Athens, Greece, now, almost 10 days before its first -- ever meeting, participation of all stakeholders and key actors in the meeting has proved to be even more than expected in the first place. more
ICANN's new Registry Service Technical Evaluation Service (RSTEP) process is definitely a positive step forward for ICANN. The comment period for the Tralliance proposed new service using the DNS wildcard feature closed Wednesday night. ...Ken Fockler commented "there are no right answers and no wrong answers, just judgments and decisions made on those judgments." In this light, I would be interested in hearing different perspectives on the following questions... more
In the last few years there have been many discussions on how the Internet is governed, and how it should be governed. The whole World Summit on the Information Society (WSIS) ended talking about this problem. It caused exchange of letters between the US Secretary of State and the European Union presidency. And it caused a public discussion, organized by the US Department of Commerce on that issue. I saw some reflection of this discussion and here are some comments on that. My colleague Milton Mueller of the Syracuse University sent me an e-mail today in which, among other, it says, "A global email campaign by IGP generated comments from 32 countries... more
In looking at the general topic of trust and the Internet, one of the more critical parts of the Internet's infrastructure that appears to be a central anchor point of trust is that of the Domain Name Service, or DNS. The mapping of "named" service points to the protocol-level address is a function that every Internet user relies upon, one way or another. The ability to corrupt the operation of the DNS is one of the more effective ways of corrupting the integrity of Internet-based applications and services. If an attacker can in some fashion alter the DNS response then a large set of attack vectors are exposed. ...The more useful question is whether it is possible to strengthen the DNS. The DNS is a query -- response application, and the critical question in terms of strengthening its function is whether it is possible to authenticate the answers provided by the DNS. DNSSEC provides an answer to this question. more