Why OIRA Needs to Coordinate Federal Cyber Security Regulation

Two quick facts about American industry's resilience against cyber-attack, (1) our critical infrastructure is inadequately protected and (2) federal regulation will be required to fix the problem, reliance on market forces alone will not be sufficient irrespective of whether or not Sony Pictures survives. Although regulation is needed, it needs to be coordinated and, above all, cost-effective. Which agency is charge of regulating cybersecurity? Right now, it's a free for all with agencies staking out turf and claims of authority. more

ISPs to Enforce Copyright Law

A group of major ISPs and major content providers have agreed on a a mechanism to enforce copyright laws in the network. While full details have not yet been released, the basic scheme involves using previously designed IP flags to denote public domain content. That is, given general copyright principles, it is on average a shorter code path and hence more efficient to set the flag on exempt material. more

The Dangers of Asking for Social Network Passwords

In the last year or so, there's been a lot of controversy about some employers demanding social network passwords from employees or applicants. There's even been a bill introduced in Congress to bar the practice. The focus has been the privacy violation implied by such demands... The first issue is that a password gives the holder write access, not just read access, to the account. more

Ukraine’s Increasing Dependence on Starlink Sparks Concern Over Musk’s Unilateral Control

Elon Musk's satellite internet technology, Starlink, has become an essential component of Ukraine's communication infrastructure, causing rising concerns among officials regarding their heavy reliance on this single source. Starlink, a product of Musk's SpaceX, has been instrumental in Ukraine's battle decision-making process amid the Russian invasion.  more

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark. more

Oh, Spammer, Where Art Thou?

A few weeks ago, I posted a piece on where individuals spammers were located in terms of sending IP. The United States was number 1, followed by China. This is in terms of total volume of spam that they send. However, a second piece of data that I did not take a look at was where all of the individual spam sites contained within the spam was located. For example, does a lot of spam sent from the United States point to spammy URLs hosted in China? more

Tips to Protect Your Brand in the New Domain Name Marketplace

Over time, people have grown accustomed to most Web site addresses ending in .com, .edu or .gov. Yet a proposed expansion of the generic top-level domain (gTLD) space by the Internet Corporation for Assigned Names and Numbers (ICANN) will change the way we look at domain names forever... For businesses, this change means that protecting their trademarks and searching for and watching gTLDs will become increasingly complex. more

Vulcan Golf v. Google Class Certification Denied

This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more

Petition to Decrease US Government Funding to the ITU

I have a "We the People" petition up on the White House website to decrease the US government funding to the ITU from $11M/year to the minimum $22K/year and minimize the USG head-count at meetings, with all of the reclaimed resources going to support Internet governance and diplomacy supporting the multistakeholder Internet governance model. more

WCIT - So Far So Good - Recap of Week One

So far the world has survived WCIT-12 and the internet has not been taken over by anybody. So, in the end, what was all the fuss about? Those who have followed my reporting on these issues from the very beginning more than a year ago - long before the media frenzy on this topic started - will have seen that we never took the sensational approach. We fully understood the issues that were emerging, but at the same time we could also place them in the right context, to explore how they should be addressed. more

NEW CEO, Trademark Clearinghouse, URS and RAA Take Center Stage at ICANN 45 in Toronto

At his first meeting as CEO of ICANN, Fadi Chehade showed up ready to work AND to listen. ICANN's new CEO described his objectives for the organization which included 1) affirmation of purpose, 2) operational excellence, 3) internationalization, and 4) evolution of the multi-stakeholder model on which ICANN is built. He also described significant organizational changes to ICANN leadership and staff... more

Net Neutrality: What Is Old Is New Again

On July 22, the FCC's open Internet order - which transforms Internet access service from a lightly regulated information service into a heavily regulated telecommunications service - will take effect. This article describes the policies and legal theories underlying the Order and the Order's effect on consumers of Internet services and providers of the service, including a number of entities that had previously escaped FCC regulation. more

Google Baloons and Telesat Satellites

Telesat will use Google's network operating system. Telesat is making progress. Within the last month, they announced a launch contract with Blue Origin, a successful antenna test with Ball Aerospace and completion of system requirements reviews, but perhaps more interesting is an agreement to use the software defined network (SDN) platform Google has developed for their Project Loon. more

Internet as Non-Kinetic WMD

With each passing day, a new public opinion article appears or U.S. government official pronounces how the open internet is abetting some discovered catastrophic effects on our societal institutions. In just one week, the examples include increased information on FSB & GRU attacks on electoral systems and infrastructure, Trump's obliging tactical destruction of societal norms and propagation of the QAnon cult, U.S government agency officials playing "cyber security spin-the-bottle" at press conferences... more

Trademark Attorneys Warn Companies About the Upcoming .CM Cybersquatting Possibilities

In light of recent announcements regarding Cameroon's country code Top-Level Domain, .CM, being opened to public registration, Tresa Baldas reports on Law.com: "Trademark attorneys are warning companies about a new target for cybersquatters known as '.cm,' which is the country code -- or top level domain -- for the West African nation of Cameroon. The dot-cm domain is a hot target for scammers, they say, due to 'cm' being a common typographical error for 'com' in the popular dot-com domain. Attorneys say this is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype dot-com as dot-cm and wind up on a bogus site. Not only is Web traffic lost, they say, but a brand name can get diluted or tainted along the way." (Also see, Nation of Cameroon Typo-Squats the Entire .com Space from 2006) more