An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more
Today is Holocaust Remembrance Day. Today we remember that the Nazis rounded up Jews, Roma, political dissidents, and other "undesirables" using the best data and technology of the day and sent them off to concentration camps. We don't normally deal with this type of political reality in ICANN, but now is the time to do so. In 1995, the recently formed European Union passed the EU Data Protection Directive. more
The battle to purge child abuse images from the Internet has been lost. That doesn't mean that we can't or shouldn't continue to work towards the elimination of image-based abuse. But it is widely acknowledged by law enforcement, reporting hotlines, and prevention groups alike that this can't be achieved merely by censoring images from the Internet and by criminalizing those who access or share them – which are the only strategies that society has focused on until now. more
It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more
CAUCE, the Coalition Against Unsolicited Commercial Email, has looked back at the notable events of the last decade in our industry. Each year/link in the post explodes to a discrete blog entry with a month-by-month break-out of notable events. more
With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more
Since its launch in October, 2004 Project Honey Pot has made some interesting progress in their war against spam email. The project is a distributed system used to identify spammers and spambots operating across the Internet. To put it simply, Project Honey Pot lays millions of traps around the Internet (66,393,293 as of this writing) baited with specific email addresses that are configured to forward received emails to the Project Honey Pot system. Since these are not email addresses used by real individuals virtually every email received is positively identified as spam. more
We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially. more
The cross-border nature of the Internet challenges an international system based on separate national jurisdictions. Unfortunately, discussions among governments on this growing tension easily spiral into ideological infighting about the application of sovereignty. Early November however, 1600 participants from 100 countries gathered for the 7th annual Internet Governance Forum (IGF)... Several sessions showed that it is possible to address the relations between the Internet and sovereignty in a responsible manner. more
Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more
Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement." more
Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
A series of attacks on the Email Service Provider (ESP) community began in late 2009. The criminals spear-phish their way into these companies that provide out-sourced mailing infrastructure to their clients, who are companies of all types and sizes. ... On March 30, the Epsilon Interactive division of Alliance Data Marketing (ADS on NASDAQ) suffered a massive breach that upped the ante, substantially. Email lists of at least eight financial institutions were stolen. more
The proposed new European Union (EU) Artificial Intelligence Act has been extolled in the media as a bold action by a major legislative body against the perceived dangers of emerging new computer technology. The action presently consists of an initial proposal for a Regulation with annexes from 2021, plus recent Amendments adopted on 14 June. This regulatory behemoth exists entwined among a multitude of other recent EU major regulations... more
As I blogged about several months ago, as did numerous other anti-spam bloggers, David Ritz was sued by Jeffrey Reynolds and a judge in North Dakota agreed with Reynolds. At the heart of the case was that Ritz engaged in anti-spam activities using techniques known only to a small subset of advanced computer users, and used these techniques maliciously against Reynolds... Back in the olden days of spam fighting, some anti-spammers used to use malicious techniques against spammers in order to shut them down... more
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