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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
Hackers have commandeered approximately three million smart toothbrushes, transforming them into a botnet for launching a DDoS (Distributed Denial of Service) attack against a Swiss company's website, causing significant financial losses. 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
Today's Wall Street Journal has a provocative story headlined 'China Squeezes PC Makers: Beijing Is Set to Require Web Filter That Would Block Government-Censored Sites'... According to a press release dated June 8th China time, after a period of testing and evaluation, the "Green Dam Youth Escort" software received government blessing in April to be made available for free public download. The press release says that the software has been downloaded over 3 million times since the end of March and is being used by approximately 2279 schools... 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
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
After releasing .travel and .jobs (hey, steve.jobs up for bidding!), ICANN said they will look at .xxx and .asia next. (via Chiao) "Vint Cerf: ...of those, we have had fairly extensive discussion about .asia and .xxx. We continue to evaluate those. The others will be attended to as we can get to them. But i want to say for the record that we will attempt within the next 30 days to come to a conclusion one way or the other about .asia and .xxx so these will be on a board call sometime within that period." Chiao called .ASIA "more or less like a joint venture among APxx organizations". I say nonsense! Don't let appearance fool you. more
Mid-January 2012 marked a major inflection point for digital copyright policy in the United States... Yet no one involved with Congressional interaction on either side of the issue believes it has been sidetracked for long, and "Hollywood" and "Silicon Valley" are both plotting their next moves in this high-stakes game to further define the responsibilities and potential liabilities... The resolution of this dispute will determine the ability of Internet services to move to "the cloud"... more
I can still hear it. ‘Hee hee’. That’s good. We all have unique laughs, but few are distinctive. Fewer yet belly the true nature of the human being issuing them. British insult comedian Jimmy Carr has one such laugh, a tri-tone ‘dah dah DUH,’ rising on the third expulsion. It has a bell-like quality, ringing, embodying the deft touch that Don Rickles had of insulting while loving, something Carr has mastered. It lets you know that despite him having just said something shocking and horrid, he is laughing with, never at, reassuring the target, ‘all is well.’ more
Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)... more
Something odd happened through 2021 in the market for IPv4 addresses. Across 2021 the reported market price for the transfer of IPv4 addresses has doubled, from approximately USD $27 per IPv4 individual address at the end of 2020 to around USD $55 per address in December 2021. It has taken seven years for the market price to rise from just under USD $10 to get to USD $20 per address. The next year, 2020, saw the price rise a further USD $7 per address, and then in the next 12 months, the market price doubled. 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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In June, the net neutrality debate took an unexpected turn when the Netherlands leap-frogged the USA to became the first country to legislate for mobile net neutrality. Business models for fixed and mobile networks must shift toward volume charges. The net neutrality debate has been seen not having much relevance outside the USA because the plight of carriers there was aggravated by unlimited usage. more
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
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
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