This post isn't about -- or isn't only about -- the use of computer technology to commit crimes. It's more about the use of computer technology to commit war. A few weeks ago, I was part of a conversation about the legal issues cyberwarfare raises. We were talking about various scenarios -- e.g., a hostile nation-state uses cyberspace to attack the U.S. infrastructure by crippling or shutting down a power grid, air traffic control systems, financial system, etc. Mostly, we were focusing on issues that went to the laws of war, such as how and when a nation-state that is the target of a cyberattack can determine the attack is war, rather than cybercrime or cyberterrorism. more
From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... more
I once wrote about about the legal right objections on Guillon.info and with all these new generic Top-Level Domain (gTLD) announcements, I find it interesting to check if an application could be blocked by paragraph 3.2.2.2 of the latest Draft Applicant Guidebook. more
The FCC is seeking public comments to help create a better definition of "broadband". The effort is in relation to its development of a National Broadband Plan by February 2010 as part of the American Recovery and Reinvestment Act. Accurately noting that "broadband can be defined in myriad ways" and "tends to center on download and upload throughput," the FCC seeks a more robust definition. The definition will be part of the governance over those receiving funding for broadband development as part of the Recovery Act. This could get interesting. more
Domain name registries and registrars will not be able to implement ICANN's proposed overhaul of the Whois system in time for the EU's General Data Protection Regulation according to an estimated timetable from ICANN. more
Last week I noted here that cutting off collapsed domain Registerfly will leave a huge problem for registrants. ICANN is supposed to have escrowed copies of each registrar's registrant data, but has never got around to setting that up. This means that unless Registerfly can supply the data, there may be no record of the actual owner of their domains. more
A network can fence its own IP addresses or block specific external ones from access. Administrators frequently block access to their own IP addresses to bar unwanted access to content. Individual IPs or blocks of IPs may also be blocked due to unwanted or malicious behavior. IP address blocking prevents a specific IP address or group of IP addresses from connecting with a server, computer, or application. more
In the previous installment, we looked at the overall design of the DNS. Today we'll look at the ways it does and does not allow clients to look up data by name. The most important limitation of the DNS, compared to other databases, is that it only does exact match lookups. That is, with a few minor exceptions, the name in the query has to match the name of the desired records exactly. more
As we start the new year, it is worth noting some of the major events and news in 2008 that shaped the industry and fueled considerable discussions. Last year's occurrences made for a very historic year, bearing the seeds of future changes for the DNS and domain name industry. more
Regenie Fräser, the former Secretary General of a regional trade association, has been selected to serve a one-year term on the board of trustees of the American Registry of Internet Numbers (ARIN). Fraser's appointment makes her the first person from the Caribbean and the first non-white person to serve on the ARIN board. ARIN is one of five registries worldwide that coordinate Internet number resources. more
A couple of weeks ago, I read an article on Yahoo that some outfit in Russia claimed to have broken Yahoo's CAPTCHA for creation of new email accounts. Another blogger wrote that it was unlikely that the spamming outfit had achieved 100% success at breaking the CAPTCHA. Yet, in the past couple of weeks, I have noticed something that would seem to confirm the theory... more
Eugene Kaspersky, CEO and co-founder of Internet security giant Kaspersky Lab said last week that "terrorists could build a botnet that could bring down the entire Internet structure". Mr. Kaspersky ended his speech with the statement that "a global cyber police force, and global cooperation between law enforcement agencies and governments is needed". This goes very much in accordance with some of the conclusions in the Cyberspace Policy Review more
SpaceX's Starlink project appears to be the only low-Earth orbit (LEO) satellite ISP among close to 400 ISPs to qualify to bid in a U.S. federal rural-broadband funding auction. more
The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more
Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more
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