Law

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

The Government of Niue Launches Proceedings With ICANN to Reclaim Its .nu Top-Level Domain

The Government of Niue, a small island 2,400 kilometers northeast of New Zealand, launched proceedings today demanding a "redelegation" of its country code top-level domain, .nu, from the Internet Corporation for Assigned Names and Numbers (ICANN). 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

Rape in the DNS

It took three years for ICANN to issue a breach notice to BizCn over the invalid WHOIS record behind RAPETUBE[DOT]ORG. Throughout the history of this absurd case ICANN staff would repeatedly insist the record had been validated and the registrar was compliant, regardless of extensive evidence proving otherwise. Despite a letter sent to ICANN's CEO and an investigation by the Washington Post, the Rape Tube stayed online. 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

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

DNS Policy is Hop by Hop; DNS Security is End to End

The debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC). more

WIPO Responds to Significant Cybersquatting Activity In 2005

In a report released today, the World Intellectual Property Organization (WIPO) has announced a 20% increase in the number of cybersquatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. The report further indicates that "in 2005, a total of 1,456 cybersquatting cases were filed with WIPO's Arbitration and Mediation Center. This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001." more

Pandora’s Box - New US Cyber Security Bills Create a Worm Hole in the Internet Galaxy

There are two Bills that are floating through the corridors of power on the Hill that could potentially change the course of civil and political rights within the United States and the world. One was introduced through the House of Representatives and the other through the Senate. The two Bills touch on a common thread that are premised on "national security" however there are interesting challenges that will surface should the Bills be passed that affect global public interest that require further examination, introspection and discussion. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  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

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

Measuring Typosquatting Perpetrators and Funders

For more than a decade, aggressive website registrants have been engaged in 'typosquatting' -- the intentional registration of misspellings of popular website addresses. Uses for the diverted traffic have evolved over time, ranging from hosting sexually-explicit content to phishing. Several countermeasures have been implemented, including developing policies for resolving disputes. Despite these efforts, typosquatting remains rife. But just how prevalent is typosquatting today, and why is it so pervasive? (Co-authored by Tyler Moore and Benjamin Edelman) more