Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

Should the Government Prepare a Preemptive Cyber-Attack?

The House Committee on Science recently held a hearing to "examine the extent of U.S. vulnerability to cyber attacks on critical infrastructure such as utility systems, and what the federal government and private sector are doing, and should be doing, to prevent and prepare for such attacks." Specific issues addressed at the hearing included whether: 1) the U.S. is able to detect, respond to, and recover from cyber-attacks on critical infrastructure; and 2) is there a clear line of responsibility within the federal government to deal with cybersecurity... more

To Serve the Public Interest You First Have to Define ‘Public Interest’

In the ancient parable, six blind men are asked to describe an elephant, with each coming up with wildly different answers, depending on which part of the animal they touched. Now, while I would hesitate to call participants in the ICANN process "blind men," I am starting to think that "public interest" is their elephant. ICANN is on the threshold of completing its first major obligation under the Affirmation of Commitments it signed with the U.S. Government in 2009. more

Time to Play Offense

The United States is under cyber-attack. An article in Time magazine titled "The Invasion of the Chinese Cyberspies" discusses a computer-network security official for Sandia National Laboratories who had been "tirelessly pursuing a group of suspected Chinese cyberspies all over the world." The article notes that the cyberespionage ring, known to US investigators as Titan Rain, has been "penetrating secure computer networks at the country's most sensitive military bases, defense contractors and aerospace companies." more

UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part II

The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more

Study Finds 75% of Malicious Websites from Legitimate, Trusted Sources

New report released today finds 75 percent of malicious websites are from legitimate, trusted sources with "Good" reputation scores. According to the report, 60 percent of the top 100 most popular websites either hosted malicious content or contained a masked redirect to lure unsuspecting victims from legitimate sites to malicious sites. more

How Much Money Do Spammers Make?

News reports say that high profile Ryan Pitylak was fined $10 million by the Texas Attorney General. A few days ago, he paid a $1M settlement to Microsoft. Since it had been widely reported that he'd made between $3M and $4M during his spamming career, that seemed like a pretty good deal for him. As I commented to the San Antonio Express, this new fine is more in line with what he did, and at least relieves him of all his ill-gotten gains... more

The Slow Death of Satellite TV?

There have been rumors for years about merging Dish Networks and Direct TV to try to gain as much market synergy as possible for the two sinking businesses. It's hard to label these companies as failures just yet because between two companies collectively still had 21.8 million customers at the end of 2020 (DirectTV 13.0 million, Dish 8.8 million). This makes the two companies collectively the largest cable TV providers, with Comcast at 19.8 million and Charter at 16.2 million. more

IMP Continuing Despite Industry Backlash

Back in November 2008 a colleague of mine, Neil Watson (Head of Operations at Entanet International Ltd), published an article on Entanet's opinion blog about the government's proposed plans to centrally store records of all electronic communications throughout the UK. The Interception Modernisation Programme (IMP) will be the largest surveillance system ever created in the UK and calls for a 'live tap' to be placed on every electronic communication in Britain including telephone calls, emails and visited websites. more

Network Neutrality and the FCC’s Inability to Calibrate Regulation of Convergent Operators

For administrative convenience and not as required by law, the FCC likes to apply an either/or single regulatory classification to convergent operators. Having classified ISPs as information service providers, the Commission unsuccessfully sought to sanction Comcast's meddling with subscribers' peer-to-peer traffic. Now Chairman Genachowski wants to further narrow and nuance regulatory oversight without changing the organic information service classification. more

ICANN Investigating Domain Tasting

ICANN has announced that it is seeking input and feedback on the topic of domain tasting. (See their announcement for full details) Interestingly enough Michael Gilmour published an article a couple of days ago covering the same topic - "Why domain tasting is great!", which will probably raise a few hackles! One point that in particular caught my eye... more

Analysis of 7.5 Trillion DNS Queries Reveals Public Resolvers Dominate the Internet

A recent report by NS1 provides a comprehensive look at global DNS traffic trends. It reveals that public resolvers dominate the internet, accounting for nearly 60% of recursive DNS usage. Telecom giants represent nearly 9%, with Google the clear front-runner at a little over 30%, followed by Amazon Web Services at 16%. more

CPH TechOps Retrospective 2018

From the perspective of the domain name industry, 2018 was strongly influenced by, among other things, the EU General Data Protection Regulation (GDPR), the Temporary Specification and especially the Expedited Policy Development Process (EPDP). For the Contracted Parties House (CPH) TechOps Group, one year after its foundation, it was a very exciting and intensive time. This initiative was created to tackle technical and operational needs and challenges plus ideally to create best practices. more

DNS and Stolen Credit Card Numbers

FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more