Law

MegaBust’s MegaQuestions Cloud the Net’s Future

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

Report on Reaction to Zuccarini’s Arrest

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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Internet Society CEO and President Testifies in Support of Section 230 Protections Before US Senate Subcommittee

Internet Society CEO and President, Andrew Sullivan, recently testified in front of the United States Senate Judiciary Committee's Subcommittee on Privacy, Technology, and the Law in support of Section 230. more

How SOPA Will Destroy The Internet

As you read this, please keep in mind that I say it all with a track record nearly 14 years of being proactive and having a zero-tolerance policy toward criminal activity and network abuse on our system. We have great relationships with Law Enforcement Agencies both here in Canada and abroad. We are always helpful and (usually) happy to answer questions, and help LEA understand the complexities and nuances of the internet. We've had the good fortune to meet some really intelligent and clued in cybercrime units. We participate in numerous communities in combating net.abuse and cybercrime. more

All Quiet on the Virtual Front: Why Domain Investors’ Fear of the Feds is Irrational

When a sniper ends the life of soldier Paul Bäumer in Remarque's "All Quiet on the Western Front," a laconic situation report from the frontlines recounts an unusually quiet day. In the grand scheme of things, nothing worth reporting has happened. Reading David Kravets' recent article in Wired brought this upsetting ending to mind. U.S. authorities taking down individual domains based on copyright infringement charges is the online equivalent of Remarque's allied snipers: picking off the occasional domain - for better or worse - has little effect on the overall situation. more

Twenty Myths and Truths About IPv6 and the US IPv6 Transition

After hearing over 350 presentations on IPv6 from IPv6-related events in the US (seven of them), China, Spain, Japan, and Australia, and having had over 3,000 discussions about IPv6 with over a thousand well-informed people in the IPv6 community, I have come to the conclusion that all parties, particularly the press, have done a terrible job of informing people about the bigger picture of IPv6, over the last decade, and that we need to achieve a new consensus that doesn't include so much common wisdom that is simply mythical. There are many others in a position to do this exercise better than I can, and I invite them to make a better list than mine, which follows. more

Cybersecurity Tech Accord: 98% of Registrar Whois Requests Unrequited

When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action. more

Where Is Cyberspace?

In my first CircleID post, I compared the cyberspace to a farmland, which has to be cultivated and developed. I ended by asking: Where is cyberspace? I have asked this same question from many people, many of whom are internet experts. They all said the cyberspace is in the computers, networks, or servers, or the Internet itself. I agree with these cyberspace ideas. In addition, my opinion is a bit different. more

Internet Drug Traffic, Service Providers and Intellectual Property

You could call this Part Three in our series on Illicit Internet Pharmacy. Part One being What's Driving Spam and Domain Fraud? Illicit Drug Traffic, Part Two being Online Drug Traffic and Registrar Policy. There are a few facts I'd like to list briefly so everyone is up to speed. The largest chunk of online abuse at this time is related to illicit international drug traffic, mostly counterfeit and diverted pharmaceuticals. more

ICANN Complaint System Easily Gamed

ICANN's WDPRS system has been defeated. The system is intended to remove or correct fraudulently registered domains, but it does not work anymore. Yesterday I submitted a memo to the leadership of the ICANN At-Large Advisory Committee (ALAC) and the greater At-Large community. The memo concerns the details of a 214-day saga of complaints about a single domain used for trafficking opioids. more

IP Addressing in the New Age of Scarcity

This is the prepared opening statement given on behalf of Depository, Inc. at the panel discussion "IP addressing in the new age of scarcity" in the context of Internet governance and public policy at the Global Internet Governance: Research and Public Policy Challenges for the Next Decade Regional Conference held at the American University School of International Service on Thursday, May 5th, 2011 between 11:00 a.m. to 12:15 p.m. with Prof. Milton Mueller moderating and on the panel as well was John Curran, President and CEO of ARIN and Michael Froomkin, Professor of Law, University of Miami School of Law. more

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more

Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn't tamped down the hyperbole that's fueled the fight to control the Internet's constituent parts for all these years. more

Malware Detection Provider Gets Important Victory Allowing It to Flag Unwanted Driver Installer

Despite a recent Ninth Circuit decision denying immunity to malware detection software for targeting competitor's software, court holds that Section 230 protected Malwarebytes from liability for designating software driver program as potentially unwanted program. Plaintiff provided software that works in real-time in the background of the operating system to optimize processing and locate and install missing and outdated software drivers. more

Typosquatting: A Solution

Typosquatting's negative effect on the surfing experience can be easily eliminated, and in a way that allows all parties to make money. What's called for is an affiliate program. You would not be happy if you typed a domain name into your browser and wound up in nowhere land because of a simple misspelling. That's the negative surfing effect of typosquatting... more