Law

ICANN and Your Internet Abuse

In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more

Do We Need Title Insurance for Domain Names?

Over the Thanksgiving holiday I read an article in Forbes (November 13, page 148) about real estate title insurance. The article was about how real estate title insurance is a joke and overpriced. But as I read in the article how titles are investigated, in dawned on me that a title check service for domain names would be helpful. Title checks and title insurance would prevent you from losing money when you bought a stolen domain. Last year I almost got bilked for $5,000 buying domains...before I discovered they were stolen... more

Freedom of Expression Part 5: COVID Vaccines not Mandatory

In Part 4 of the Freedom of Expression series, I had highlighted my concerns about the lack of transparency in ingredients of all the COVID-19 vaccines, which has been addressed by Council of Europe's Parliamentary Assembly, the same day (World Holocaust Day) I had raised these concerns. A recent Resolution by the Parliamentary Assembly of the Council of Europe will see the further regulation of social media on content relating to COVID-19. more

Kidnapping, Theft and Rape Are Not “Cyber” Crimes

Kidnap. Rape. There are no lesser words that can be used to describe what happened to the daughter of an anti-spam investigator in Russia. His daughter was recently released, according to Joseph Menn's recent article on Boing Boin, after having been kidnapped from her home five years ago, fed drugs, and made to service men, as a warning to ward off further investigations. The criminals behind these vicious acts were also responsible for large spamming organization associated with Russian Mob activity. more

Personal Names, Politics and Cybersquatting

Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more

Should a Domain Name Registrar Run from a PO Box?

In 2008 KnujOn published a report indicating that 70 ICANN accredited Registrars had no publicly disclosed business location. The fundamental problem was one of community trust and consumer faith. Registrars extend their legitimacy to their domain customers who then transact and communicate with the public. more

Cyber Crime: An Economic Problem

During ISOI 4 (hosted by Yahoo! in Sunnyvale, California) whenever someone made mention of RBN (the notoriously malicious and illegal bulletproof hosting operation, the Russian Business Network) folks would immediately point out that an operation just as bad was just "next door" (40 miles down the road?), working undisturbed for years. They spoke of Atrivo (also known as Intercage). The American RBN, if you like... more

TLD Registration Enforcement: A Call for Automation - Part I

The past year has brought a rise in so-called "open and chartered" top-level domains (TLDs). Like the traditional open TLDs of .COM, .NET, and .ORG, these namespaces encourage large-scale registrations, but they differ in that they limit who can legitimately register domains. So far, many thousands of their registrations seem to break the stated rules. It's therefore worth thinking through their respective enforcement efforts -- before the situation gets out of control. more

PINGO: NETmundial Adopts Principles on INternet GOvernance

The Internet Governance Roadmap, which was adopted recently in Sao Paulo by the Global Multistakeholder Meeting on the Future of the Internet Governance Ecosystem (NETmundial) includes a lot of controversial issues -- from net neutrality to mass surveillance -- and it is unclear how this will be translated into reality. However, the Internet Governance Principles, also adopted by NETmundial, were less controversial, but will have probably a sustainable and deep effect for the future of the Internet. more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.

Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more

The Catalonian Matter: Law and Order, Democracy and Freedom of Speech, Censorship and Trust

I'm an engineer, and I firmly believe that Internet matters and, in general, Information Society, should be kept separate from politics, so usually, I'm very skeptical to talk about those and mix things. Let's start by saying that I'm Catalonian. Despite the dictatorial regime when I was born, forbidden teaching Catalonian, I learned it, even despite, initially for family reasons and now for work reasons, I live in Madrid. However, I keep saying everywhere I go, that I was born in Barcelona... more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

Obama’s Missed Opportunity

According to National Journal, Susan Crawford is joining the Obama administration in a significant new role... This does not make me happy. Crawford is not a technologist, and the job that's been created for her needs to be filled by a person with deep knowledge of technology, the technology business, and the dynamics in research and business that promote innovation... more

Domain Tasting in the Spotlight

An article in BusinessWeek discusses "domain tasting" and its affects on major brands. The article, titled "The Great Internet Brand Rip-Off", discusses so-called "domain tasting" and how major brands are being exploited through domain tasting combined with typosquatting... It's important to distinguish between the two types of domain tasting... more

ICANN and a Lot of Other People Outsmart Themselves With .SUCKS

Good taste has never been a criterion in ICANN's new domains program, and domains including .fail and the remarkably vulgar .wtf have become part of the DNS with little comment. Now we have .sucks, which is intended to empower consumers, but does so in a way so clumsy that ICANN is asking regulators in the U.S. and Canada for an excuse to shut it down. more