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"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more
As the WHOIS debate rages and the Top-Level Domain (TLD) space prepares to scale up the problem of rogue domain registration persists. These are set to be topics of discussion in Costa Rica. While the ICANN contract requires verification, in practice this has been dismissed as impossible. However, in reviewing nearly one million spammed domain registrations from 2011 KnujOn has found upwards of 90% of the purely abusive registrations could have been blocked. more
If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more
Here we are with CircleID's annual roundup of top ten most popular posts featured during 2013 (based on overall readership). Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2014. more
Many with financial interests in new gTLDs, such as Donuts, have painted a rosy picture of how new gTLDs create greater availability of meaningful domain name options that the global masses have been waiting for. Their message seems to be: FINALLY, there is an alternative to .com in new domain extensions like .guru, .photography, .blackfriday and .tips. But, the reality is that we have always had options other than .com to choose from when registering a domain name. The challenge isn't choice, its relevance and credibility. more
The collection and disclosure of DNS registration data have evolved chaotically, influenced by GDPR and other privacy laws. The system, while improving privacy, has enabled bad actors and raised costs for registrars and registries. Join experts at this event as they explore Project Jake's framework for balancing privacy with legitimate data needs, emphasizing policy clarity, efficiency, and adaptability. more
It is once again time for our annual review of posts that received the most attention on CircleID during the past year. Congratulations to all the 2018 participants for sharing their thoughts and making a difference in the industry. more
It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
Some individual appears to have hijacked more than a 1,000 home computers starting in late June or early July and has been installing a new Trojan Horse program on them. The Trojan allows this person to run a number of small websites on the hijacked home computers. These websites consists of only a few web pages and apparently produce income by directing sign-ups to for-pay porn websites through affiliate programs. Spam emails messages get visitors to come to the small websites.
To make it more difficult for these websites to be shut down, a single home computer is used for only 10 minutes to host a site. After 10 minutes, the IP address of the website is changed to a different home computer... more
The Secondary Market in domain names plays a critical role in Internet commerce yet is often misunderstood. This article will attempt to clear up some of the myths that frequently arise when discussing the Secondary Market... Domain name investors are but one group participating in the thriving domain name Secondary Market, in which already registered domain names move from one owner to another. more
On September 3, 2003, United States federal law enforcement officers arrested the notorious John Zuccarini accused of allegedly creating misleading domain names to deceive children and direct them to pornographic websites. Zuccarini's arrest is the first to be made under the Truth in Domain Names Act, which took effect earlier this year prohibiting people from creating misleading domain names as a means to deceive children into viewing content that's harmful to minors, or tricking adults into clicking on obscene websites. What follows is a collection of commentaries made by experts in response to this event...
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Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate. more
The term "attack surface" is often heard in cybersecurity conversations. It refers to the sum of all possible attack vectors or the vulnerabilities that threat actors can exploit to penetrate a target network or damage an organization somehow. An unused and forgotten subdomain, for instance, can become an attack vector when taken over. Certain categories of companies have very large attack surfaces. Such is the case of streaming media businesses like Netflix and HBO Max. more
The introduction of GDPR in 2018, and the subsequent tightening of privacy regulations around the world, was a necessary step toward protecting user data. Consumers gained critical rights over their personal information, and companies were forced to adopt stronger standards for how they collect, store, and use that data. However, one unintended consequence has been the erosion of access to domain registration information once easily available through WHOIS databases. more
Gartner, the well known IT consulting company, has published a report on the new top level domains that will appear some time next year. The report totally misses the mark. In a pure US centric vision, it focuses on ".com" as the must-have TLD, totally overlooking the fact that a ".com" is mostly worthless e.g. in Germany, where ".de" is the TLD one must have to succeed locally... more
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