Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear. more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Transparency: The Internet’s Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more

The FCC Robocall Proceeding: International Insularity

In March of this year, the Federal Communications Commission (FCC) adopted an initial Notice of Inquiry (CG No. 17-59) to mitigate robocalls. In July, it adopted a Second Notice. Mitigating spoofed telephone calls is a global problem which every country in the world has been addressing as part of a global ecosystem for many years in intergovernmental and industry bodies, in academic R&D and patent filings, and industry products with ongoing activity continuing today. more

Net Neutrality 101: Why ‘Title II’ Doesn’t Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

A European Perspective on the Equifax Hack: Encouraging Data Security Through Regulation

The Equifax hack is understood to have compromised the personal data of over 140 million individuals. Although recent hacks of other businesses have affected more individuals, the personal data held by Equifax is significantly more sensitive than the data compromised in other hacks and includes Social Security numbers, birth dates, current and previous addresses and driver licence details... (Co-authored by Peter Davis and Brendan Nixon.) more

ICANN Delays Plans to Change DNS Cryptographic Key, Says Near 750 Million People at Risk if Rushed

The Internet Corporation for Assigned Names and Numbers (ICANN) has postponed plans to change the cryptographic key -- a critical step in updating protection measures for the Domain Name System (DNS). more

Not Quite Two Factor, or Is Your Phone Number Really Something You Have?

A recent article in the New York Times Dealbook column reported on phone number hijacking, in which a bad guy fraudulently takes over someone's mobile phone number and used it to reset credentials and drain the victim's account. It happens a lot, even to the chief technologist of the FTC. This reminds us that security is hard, and understanding two-factor authentication is harder than it seems. more

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more

Some Whois Lookup Services Might be Broken

There are thousands of sites and services on the 'net that offer domain name whois lookup services. As of last night, many of them may have stopped working. Why? Many of them rely on fairly rudimentary software that parses the whois from Verisign (for .com and .net) and then relays the query to the registrar whois. The site or service then displays the whois output from the registrar's whois server to you. more

Cars.com $850 Million Valuation: Methodology Critique

Here is a critical look at a recent online essay about the methodology to estimate the value of the domain name cars.com, which was estimated to be $850 million. Not about estimation of valuation model's parameters' nor whether the estimate is too low or too high. Rather its valuation methodology... The purpose of a valuation is Important. Absolute valuation of any asset is its value when put to its best use. more

Major Flaw Found in WannaCry Raises Questions on Whether it was Really a Ransomware

An extensive analysis of WannaCry seems to indicate attackers would be unable to determine which users have paid the ransom and they cannot decrypt on a per-user basis. more

Hidden in Plain Sight: FCC Chairman Pai’s Strategy to Consolidate the U.S. Wireless Marketplace

While couched in noble terms of promoting competition, innovation and freedom, the FCC soon will combine two initiatives that will enhance the likelihood that Sprint and T-Mobile will stop operating as separate companies within 18 months. In the same manner at the regulatory approval of airline mergers, the FCC will make all sorts of conclusions sorely lacking empirical evidence and common sense. more