Digital Rights Management or Digital Restrictive Management?

We are all accustomed to purchasing and/or using copyrighted material in one fashion or another. From music, movies-(BluRay), e-books-(Kindle), computers-(software), mobile phones-(iPhone) and games; the umbrella of companies wanting to restrict access to its products continues to grow and become increasingly restrictive. more

A Third, More Interesting Round in E360 vs. Comcast

In the past week, Comcast filed an answer, denying all of E360's charges, and attached to it a motion to file a most impressive counterclaim. The court granted the motion on Monday so the counterclaim has been filed. At about the same time, E360 filed its response to Comcast's previous motion to dismiss the suit due to its utter lack of legal merit. more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more

Closed Generics Debate Rages On

The new gTLD program continues to throw up last-minute debates on what is acceptable as a TLDs and what is not. The latest such verbal joust centers around closed generics. These are generic terms being applied for by applicants whom, should they be successful, will not open the TLD up to everyone on an equal access basis. As an example, think .book being run by Amazon and only available to Amazon customers. more

To Block or Not to Block?

Domain blocking mechanisms are an important element of an organization's defensive domain strategy. With the introduction of the New Generic Top-Level Domain (gTLD) Program by the Internet Corporation for Assigned Names and Numbers (ICANN) in 2013, brand owners were faced with a new challenge -- protecting their marks without overburdening their budgets. Defensive domain registrations were and still are an effective way in which a brand can protect itself in domain namespaces.  more

NIS2 Article 28 Guidance: A Positive Step Toward Reducing DNS Abuse Across Europe

The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more

Is Comcast Impairing Vonage?

On the one hand, the big telcos are chanting the mantram, "We shall not block, impair or degrade any content, service or application." On the other hand, they're saying, "There's no problem. We don't need a law until there's a problem." Well, now. Mitch Shapiro over at IP & Democracy, points to Russell Shaw's post that says: "I have been noticing a growing number of posts in which many Vonage users and Vonage Forum Members have been complaining about the quality of Vonage calls over Comcast broadband connections..." more

.com Is A Clear and Present Danger to Online Safety

"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more

Three Years With ICANN

I joined the ICANN board during the December 2004 ICANN meeting in Cape Town. I served for a three year term and stepped down at this last meeting in Los Angeles and didn't run for another term... Before joining ICANN, I thought that ICANN was the only part of the Internet that wasn't really working. I knew that there must be a better way to do what ICANN does, but I couldn't be bothered to figure it out. I'd agree with people who said things like, "it should just be distributed" or "it should just be first come first serve" or "we should just get rid of it." People from ICANN would say, "it's more complicated than that" or "at this point that would be impossible." After being part of the process for three years, I find myself saying those same things... more

ACLU, Anti-Spam Laws, and the First Amendment

In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more

Hackers Behind Marriott Breach Left Clues Suggesting Link to Chinese Government

Hackers behind the massive data breach of the hotel group Marriott International Inc have left clues suggesting ties to the Chinese government intelligence-gathering operation. more

Harm Caused by Typosquatting Is Still Modest, Research Suggests

Harm caused by domain name typosquatting is still modest, to both the user and the brand holder, and investment on anti-typosquatting products should be cautious, according to a paper published in Security and Privacy (SP), 2015 IEEE Symposium titled, "Every Second Counts: Quantifying the Negative Externalities of Cybercrime via Typosquatting." The paper presents a strategy for quantifying the harm caused by the cybercrime of typo squatting via an intent inference technique. more

Global Spam Levels Drop Following Certain Events

If you haven't noticed lately, spam levels around the world have started dropping especially in October after a couple of events occurred. The first is a Russian crackdown on alleged spam king Igor Gusev, thought to be involved in the operations of SpamIt.com. SpamIt mysteriously shut down in late September, perhaps because Gusev caught wind of law enforcement starting to take notice of him. more

Radical Shift of Power Proposed at ICANN Putting Govts in Primary Decision Making Role

ICANN has proposed a major change to its bylaws that would require the organization to adopt all policy "advice" issued by the Governmental Advisory Committee (GAC) unless 2/3 of ICANN's non-conflicted board members vote to oppose the adoption of that governmental rule. This draconian proposal to change ICANN's bylaws would fundamentally transform ICANN away from being a "bottom-up" and "private-sector-led" organization and into a governmental regulatory agency... more

New Internet Domain Names Need a Backstory to Succeed

If web address registrations are any indication (and they may not be), the hundreds of new Internet domains (where .guru competes with .com and .berlin intrudes on .de) are seeing slow, but steady success. By one count, there are about 2 million new online addresses. Slow and steady may wind up being the best business model, but if the effect of the top level domains is to be felt in business, culturally and socially, there needs to be more done than create the opportunity to register a new name... more