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Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more
I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
Clifford J. Levy of the New York Times reports: "[Russian] computer users are worried that Cyrillic domains will give rise to a hermetic Russian Web, a sort of cyberghetto, and that the push for Cyrillic amounts to a plot by the security services to restrict access to the Internet. Russian companies are also resisting Cyrillic Web addresses, complaining about costs and threats to online security." more
In Ripley Scott's classic 1982 science fiction film Blade Runner, replicant Roy Batty (portrayed by Rutger Hauer) delivers this soliloquy... "I've...seen things you people wouldn't believe... Attack ships on fire off the shoulder of Orion. I watched C-beams glitter in the dark near the Tannhäuser Gate. All those... moments... will be lost in time, like (cough) tears... in... rain. Time... to die." more
On November 4, 2003, VeriSign announced a new "trust enhancing" seal which they built using Macromedia's Flash technology...While there are problems inherent to VeriSign's approach that call into question their understanding of "The Value of Trust," there are ways they could have made this particular implementation less trivially spoofable. The flaws I demonstrate on this page are flaws in the concept and the execution rather than anything inherently flawed in Flash. Overall this kind of graphical "trustmark" is extremely easy to forge just by recreating the artwork. But in this case, you don't even have to do that. The seal can still be called directly off the VeriSign servers, yet it is easily modified, without recreating artwork, and without doing anything untoward with VeriSign's servers! more
The recent ICANN meeting in Vancouver touched upon many issues important to ordinary Internet users: privacy in domain name registration; the cost and terms of .com domain names; internationalized domains; introduction of new domain suffixes. But there were few "ordinary Internet users" at the meeting. Few people can roam the globe to keep up with ICANN's travels, and not many more participate in online forums. more
The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more
After almost four years, ICANN has announced that they have adopted a new domain name transfer policy that make it much easier for domain name registrants to do business with the ICANN accredited Registrar of their choosing. Highlights from this new policy include; streamlined definition of responsibilities as it relates to the management of the domain name. Under the new policy, only the Administrative Contact or Registrant can authorize a domain name transfer to a new service provider... more
In a recent decision, a World Intellectual Property Organization (WIPO) domain name arbitration panel dismissed a complaint filed by the Mexican Tourist Board (MTB) against Latin America Telecom (LAT) concerning the domain name "mexico.com." The panel went so far as to find that the complaint was brought in "bad faith" and made a finding of attempted "Reverse Domain Name Hijacking" against the MTB. ...In its complaint, the MTB argued that LAT had registered the domain name in "bad faith" in order to sell it for a profit at a later date. more
Jointly published by the Internet Infrastructure Coalition (i2C) and the Messaging, Malware and Mobile Anti-Abuse Working Group, the new document outlines proven activities that can help Web hosting services improve their operations and better protect end-users. more
As Ond?ej Surý of CZ.NIC recently pointed out on the dns-operations list, it was 30 years ago this month, in November 1983, that two RFCs that defined what we now call the Domain Name System (DNS), RFC 882 and RFC 883, were published. They make for an interesting read today when you think about how far we've come in those 30 years -- and now how absolutely critical DNS is as part of the Internet's infrastructure. 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 American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more
Because domain names represent the online identity of individuals, businesses and other organizations, companies and organizations large and small have expressed increasing concern over reports of "domain name hijacking," in which perpetrators fraudulently transfer domain names by password theft or social engineering. The impact of these attacks can be significant, as hijackers are typically able to gain complete control of a victim's domain name - often for a significant period of time. more
Unlike ICANN, the National Telecommunications and Information Administration (NTIA) responded graciously, promptly and substantively to inquiries from the Center for Regulatory Effectiveness (CRE) regarding governance of the internet. CRE sent a letter to NTIA in mid-March asking about public access to documents prepared by ICANN under Memorandum of Understanding (MOU) with NTIA. NTIA provided a quick and clear response to CRE's questions. NTIA also reiterated its commitment to achieving transparency and accountability in ICANN's processes. NTIA's response to CRE, although clear and comprehensive, raised a number of important questions about ICANN and their governance of the internet. more
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