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FISMA Failings: Could EPA’s IT Defense Deficiencies Silence the Agency?

The possibility of unauthorized access to EPA information raises an array of concerns since EPA-held data includes various types of Confidential Business Information, scientific research data, environmental databases, agency plans for responding to "incidents of national significance" and other security-related matters, and environmental monitoring data used in regulatory enforcement actions. more

A Tempest in a Libyan Teapot

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

Prudential Settlements for Alleged Cybersquatting/Reverse Domain Name Hijacking Under the ACPA

Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) (ten to fifteen published daily), the sum total of grievants filing de novo challenges under the Anticybersquatting Consumer Protect Act (ACPA) is remarkably small -- one or two at most in any single year; and those rarely proceeding to summary judgment or trial. more

US Tech Firm Cloudflare Accused of Providing Cybersecurity Services to Foreign Terrorist Groups

Leading American tech firm Cloudflare has been accused of providing cybersecurity services to at least seven designated foreign terrorist organizations and militant groups including Taliban, al-Shabab and Hamas. more

In DHS Takedown Frenzy, Mozilla Refuses to Delete MafiaaFire Add-On

Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights. more

US Senate to Hold Hearing on Consumer Data Privacy Issues

U.S. Sen. Roger Wicker, chairman of the Committee on Commerce, Science, and Transportation, announced today that it will convene a hearing titled, "Policy Principles for a Federal Data Privacy Framework in the United States." more

Reusing Existing Easements for Building New Fiber Networks

Casey Lide and Thomas B. Magee of Keller & Heckman highlight an issue that anybody building fiber on utility poles should be aware of. A recent article on their website notes that in some cases, an easement obtained for using private land to bring electric service might not automatically allow an easement for bringing fiber. more

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

Google Book Search Settlement: Another Digital Pandora’s Box

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

ICANN Sends Termination Notice to Registrar

ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more

No Virginia, You Have No Duty to Secure Your WiFi Access Point

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

ICANN at a Crossroads: GDPR and Human Rights

The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. more

Trademark Overreaching and Faux Cybersquatting Claims

Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more

US Court Levies $15 Million Fine Against Spammer

Earlier this year, the New Zealand Department of Internal Affairs, the US Federal Trade Commission, and the Australian CMA broke up a large fake drug spam ring known as Herbal Kings, run by New Zealander Lance Atkinson. The NZ government fined him NZ$108,000 (about US$80,000) which, while a substantial fine, seemed pretty small compared to the amount of money he must have made. But today, at the FTC's request a US judge fined Atkinson US$15.5 million, and got his US accomplice Jody Smith to turn over $800,000, including over $500,000 in an Israeli bank. more

An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more