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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
Go Daddy Software, Inc. has filed a lawsuit in Federal District Court in Arizona against VeriSign Inc., seeking a temporary restraining order against VeriSign's new Site Finder service, a paid-advertising page VeriSign has established on the Internet to which the traffic associated with mistyped, and other, domain names will be directed. Go Daddy's lawsuit claims that VeriSign is misusing its position as the .com and .net domain registry to gain an unfair competitive advantage by intercepting (and profiting from) internet traffic resulting from the scores of invalid domain names that are typed into users' browsers on a daily basis. 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
PIR, the registry operator for .org, has sent notices to registrars that it is implementing an anti-abuse policy that offers no due process for innocent domain registrants... While it's good intentioned, there is great potential for innocent domain registrants to suffer harm, given the lack of appropriate safeguards, the lack of precision and open-ended definition of "abuse", the sole discretion of the registry operator to delete domains, and the general lack of due process. 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
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
ICANN today has made a formal demand stating: "Given the magnitude of the issues that have been raised, and their potential impact on the security and stability of the Internet, the DNS and the .com and .net top level domains, VeriSign must suspend the changes to the .com and .net top-level domains introduced on 15 September 2003 by 6:00 PM PDT on 4 October 2003. Failure to comply with this demand by that time will leave ICANN with no choice but to seek promptly to enforce VeriSign's contractual obligations." What follows is a collection of commentaries made around the net and by experts in response to today's announcement...
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When a sniper ends the life of soldier Paul Bäumer in Remarque's "All Quiet on the Western Front," a laconic situation report from the frontlines recounts an unusually quiet day. In the grand scheme of things, nothing worth reporting has happened. Reading David Kravets' recent article in Wired brought this upsetting ending to mind. U.S. authorities taking down individual domains based on copyright infringement charges is the online equivalent of Remarque's allied snipers: picking off the occasional domain - for better or worse - has little effect on the overall situation. more
Three years ago, the first Internet-Draft on Registry Maintenance Notifications for the Extensible Provisioning Protocol (EPP) was published, which will become a Request for Comments (RFC). The IETF Registration Protocols Extensions (REGEXT) working group is the home of the coordination effort for standards track EPP extensions. They released eight RFCs over the last couple of years, and they are currently working on more than 15 Internet-Drafts. 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
I've often found truth in the famous George Santayana quote, "Those that cannot remember the past are doomed to repeat it." That's an apt warning for what is currently happening - again - with the hundreds of new generic Top Level Domains (gTLDs) that are launching ... and failing to work as expected on the Internet. First, a quick refresher: As most CircleID readers know, in the early 2000s, seven new gTLDs were launched: .AERO, .BIZ, .COOP, .INFO, .MUSEUM, .NAME and .PRO. Aside from Country Code TLDs (ccTLDs), these were the first top-level changes to the DNS since the early days of the Internet. 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
With just over 2.4 million New gTLDs registered, abuse trends are beginning to emerge. Earlier this month we conducted a review of the top 100 most highly-trafficked Web property names across the top 5 most popular new gTLD registries. It is apparent that the abuse we had expected has occurred -- just not where we had anticipated. more
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