What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more
A very good friend of mine is an archivist with the Ontario government, and we share similar views on how technology is impacting modern life. He passed a really interesting item along that ran in yesterday's Washington Post. Some of you may be following this – Google's Book Search Settlement. I can definitely see how this has a direct bearing on the archive space, but also how it touches on a few tangents of my world – emerging communications technologies. more
The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. more
A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more
So I wrote earlier that I though it was good stuff when ICANN released a paper on DNS Security. Yes, I think it was good this paper was released, and yes it points out correctly how important DNSSEC is. But, now when reading it in detail, I find two things that troubles me. And it has to do with management of .ARPA. A top level domain that is used for infrastructural purposes. Like IP-addresses and E.164 numbers... more
This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more
The FCC has unveiled two proposals as part of its plan to help reduce unwanted phone and text spam however the move is challenged by consumer advocacy groups. more
The U.S. Department of Justice on Sunday night filed a lawsuit against California over the new net neutrality law after just an hour the bill was signed. more
A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more
One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy.2 This part 2 of the 2 part series of discusses the rise and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more
Hoang v. Reunion.com sidesteps an eagerly anticipated legal dispute over the legality of commercial address book scraping and 'send-to-a-friend' emails, and also highlights the damage that can cascade when a federal Circuit Court woefully misreads a statute. more
Today, for the 500th time, an expert panel under the Uniform Domain Name Dispute Resolution Policy or "UDRP", issued a decision finding a Complainant guilty of Reverse Domain Name Hijacking or "RDNH". RDNH is an attempt to egregiously misuse the UDRP to unjustly seize a domain name from its lawful owner... To-date, the UDRP has adjudicated over 80,000 domain name disputes. The vast majority of them result in the transfer of a cybersquatted domain name to the rightful trademark owner. more
Every now and again a report flies across the network about the police breaking down someone's door and attempting to arrest the home owner for bad things online - assuming that whatever happened from that person's Internet connection is their fault. Now there are lots of problems with this - lots of problems. But one of the big ones is that anyone can access an open access point... more
The Motion Picture Association of America (MPAA) in its recent submission to the National Telecommunications and Information Administration (NTIA) has raised a stern objection regarding ICANN's attempt to adhere to the EU's General Data Protection Regulation (GDPR), stating that the temporary specification had gone "well beyond what the GDPR mandates." more
The .LY domain is Libya, and their government recently cancelled the registration of the short and snappy VB.LY, provoking great gnashing of teeth. If you direct your attention to the address bar above this page, you'll note that it's at JL.LY, equally short and snappy. The .LY registry started allowing two letter second-level domains last year, and there was a quiet land rush. Now they restrict those domains to people actually in Libya, but say they'll let us keep the ones we have. How concerned am I that they'll take my domain away, too? more
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