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The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more
Stratton Sclavos of VeriSign distills the essence of the SiteFinder controversy in his CNet interview...There is a subtle but essential misunderstanding here. Innovation can and should happen in Internet infrastructure, but there are a handful of core elements that must remain open and radically simple if the Internet is to remain, well, the Internet. These include TCP/IP, SMTP, HTTP, BIND, BGP, and the DNS (especially the .com registry). Any change in these protocols should be very carefully vetted through a consensus-based process. more
An article based on the most recent study for the European Commission on the Policy Implications of Convergence in the Field of Naming, Numbering and Addressing written by Joe McNamee and Tiina Satuli of Political Intelligence.
"With relation to the Internet and also IP addresses, the "scarcity" is more complicated: there are not only intellectual property issues with regards to domain names, but there is also an issue of managing the integrity of the system. For any naming or numbering system to work, it is essential that the names and addresses used cannot be confused with any other -- in other words, no one system can have two end-points with the same fully qualified number or name..." more
CircleID recently interview Paul Vixie, Founder & Chairman of Internet Software Consortium (ISC), to discuss ISC's newly formed Operations, Analysis, and Research Center (OARC). OARC is launched in response to DDoS attacks at the Internet's core infrastructure and the vital requirement for a formal coordination system. OARC is also a part of US homeland security initiatives, such as the formation of Information Sharing and Analysis Centers (ISACs).
"Registries and registrars, ccTLD operators, large corporate NOCs, ISPs and ecommerce companies that host many domain names are all likely candidates. This is also a natural for law enforcement groups that are worried about attacks on the Internet." more
There is a worldwide interest in the extension of the namespace to include new Top-Level Domains (TLDs) and select new registries to run them. If these New TLDs are to be selected objectively, and without partisan favours to insiders, then there is a clear need for criteria and careful evaluation of lessons gained from previous TLD launches. This was the principle behind the "Proof of Concept" approach, promised by ICANN, and yet ICANN appears to have retreated to a lightweight in-house evaluation, carried out obscurely, in the hands of selected individual under a 6-month contract 4 months ago. What have we learned about Sunrise, about Landrush, about abuse of process, about implementation and enforcement of agreements, about registrars who game the system to warehouse names for themselves, about proposed marketing budgets which evaporate into thin air? more
After roughly 19 days of its introduction, VeriSign's Site Finder service was finally shutdown on October 4, 2003 following a "Formal Deadline" issued by ICANN (previously reported here). With the plug pulled, the Internet appears to be returning to its regular status ending a historic event that can be best described as a 'Hurricane' -- a Cyber-Hurricane. What follows is a collection of commentaries and questions raised around the Net in response to this event during and after the final hours of VeriSign's deadline... more
Attention so far has been focusing on the ethics of the move (positively satanic), its effects on DNS and non-Web applications (Considered Harmful), and on possible technical responses (Software Aimed at Blocking VeriSign's Search Program). On the legal side of the fence, though, we're not just talking about a can of worms. We're talking about an oil drum of Arcturan Flesh-Eating Tapeworms. more
I have been thinking a lot about stewardship lately in my role as CEO of Tucows and how that relates to employees, a board of directors and investors. Where I've got to, which is not necessarily relevant for this post, is that stewardship needs to exist at EVERY level of a company and a life. With the recent dustup created by Verisign's new Sitefinder service it has crystallized for me what has always bothered me about the .com/.net registry and the way Verisign has approached it.
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Yet another DNS blacklist has been taken down out of fear of the DDoS attacks that took down Osirusoft, Monkeys.com, and the OpenRBL. Blackholes.compu.net suffered a Joe-Job (A Joe-Job is essentially spam designed to look like it's coming from someone else.) earlier this week. Apparently the Joe-Jobing was enough to convince some extremely ignorant mail administrators that Compu.net is spamming and blocked mail from compu.net. Compu.net has also seen the effects of DDoS attacks on other DNS blacklist maintainers. They've decided that the risk to their actual business is too great and they are pulling the plug on their DNS blacklist before they come under the gun by spammers. more
The Internet Corporation for Assigned Names and Numbers (ICANN) has released an "Advisory" concerning VeriSign's deployment of DNS wildcard (Site Finder) service: "Since the deployment, ICANN has been monitoring community reaction, including analysis of the technical effects of the wildcard, and is carefully reviewing the terms of the .com and .net Registry Agreements. In response to widespread expressions of concern from the Internet community about the effects of the introduction of the wildcard..." more
The Internet Corporation for Assigned Names and Numbers (ICANN) and the United States Department of Commerce (DoC) today announced that they agreed to extend their joint Memorandum of Understanding (MoU) for three additional years until September 30, 2006. more
The ICANN At-Large Advisory Committee would like to bring to ICANN's attention concerns about VeriSign's surprising roll-out of the "SiteFinder" service for .com and .net. This practice raises grave technical concerns, as it de facto removes error diagnostics from the DNS protocol, and replaces them by an error handling method that is tailored for HTTP, which is just one of the many Internet protocols that make use of the DNS.
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This is the second part of a 2-part series article describing a method for voting among owners of domain names. To read the first part of this article click here.
After a ballot closes, each registrar will send the summary results to at least two vote counting entities. These organizations will tally summary results obtained from each registrar. The totals of the summary results will be cross-checked against totals from the other vote counting entities. more
I've been writing about the intrinsic problem with the use of the DNS as both a technical mechanism and as a source of unambiguous meaning and authority. The problems are much worse than most of the posters seem to note. The current approach assures that the Internet will unravel and worse, that URLs become perversely reused. The commercial terms of service associated with the use of ".com" names exacerbates the problem by imposing arbitrary social policies into the plumbing of the Internet. more
It looks as if ICANN is going to require applicants for new TLDs to agree (in advance) not to negotiate a changed contract with ICANN. We agree that streamlining the process is in everyone's interest. Along those lines, we are proposing a substantially thinner contract that ICANN and new registries could use. Existing registries should also be allowed to sign up to this contract, if they wish. more
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