Law

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

What’s in a Name?

Internet domain names are truly bizarre. There is nothing especially remarkable about them from a technical perspective, but from a social and political perspective they are all sorts of fun. We can have arguments over control of the DNS root, arguments over whether names are property, arguments over innate rights to specific names, arguments over a registrar's right (or lack thereof) to exploit unregistered names for private gain, and many more arguments besides. In this article, I'd like to explore the argument-space rather than defend any particular position in it. In so doing, I hope to illuminate some novel (or under-emphasised) perspectives on the matter. 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

What’s Driving Spam and Domain Fraud? Illicit Drug Traffic

Spam is not about who sent it, it's about who benefits from it. For a moment forget everything you know about filters, zombie PCs, firewalls, spoofing, viruses, beisyan algorithms, header forgery, botnets, or blacklists. These are all methods for sending spam or preventing spam delivery. None of these explain why spam is sent and for far too long all the attention has been paid to the effects and not the driving force. Under the endless onslaught of junk mail it is easy to feel that the goal of the game is send spam and annoy us all. more

Comcast v. FCC - “Ancillary Jurisdiction” Has to Be Ancillary to Something

Big news today - Judge Tatel has written the D.C. Circuit's opinion in Comcast v. FCC, and Comcast wins. Bottom line: The FCC didn't have regulatory authority over Comcast's unreasonable network management practices because it failed to tie that authority to any express statutory delegation by Congress... 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

The Insult and Injury of the U.S. Government’s Failure to Enforce ICANN’s Contractual Obligation

Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery. more

Brand Complementors: Implementing a Cooperative Domain-Name Use

The essay expands a cooperative solution to third-party use of brands in domain names. Like any approach that depends on cooperation, the solution will require both sides to change behavior but also allow both sides to take credit for the resulting benefits, i.e. a triangular solution. If not immediately addressed, the problem of third-party use can become a major threat to the industry. But we already know one thing: when it comes to this issue, legal action and bullying don't work. more

Why I Voted for .XXX

The ICANN Board voted today 9-5, with Paul Twomey abstaining, to reject a proposal to open .xxx. This is my statement in connection with that vote. I found the resolution adopted by the Board (rejecting xxx) both weak and unprincipled... I am troubled by the path the Board has followed on this issue since I joined the Board in December of 2005. I would like to make two points. First, ICANN only creates problems for itself when it acts in an ad hoc fashion in response to political pressures. Second, ICANN should take itself seriously as a private governance institution with a limited mandate and should resist efforts by governments to veto what it does. more

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more

WIPO Crowing Again About “Cybersquatting”

Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more

Zuccarini To Receive 30 Months in Prison

In a Press Release issued yesterday, February 26, 2004, it has been announced that Zuccarini (background here) will receive 30 months in prison for violating the Truth in Domain Names Act. At least two of the domain names mentioned in the press release, DINSEYLAND.COM and BOBTHEBIULDER.COM appear to have been registered by third parties and are pointing to pages of links... more

Top Domain Name News Stories of 2006

Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more

ICANN UDRP and Contract Disputes

When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more

Legal Controls on Extreme End-to-End Encryption (ee2ee)

One of the most profoundly disruptive developments occurring in the cyber security arena today is the headlong rush by a set of parties to ubiquitously implement extreme End-to-End (e2e) encryption for communication networks using essentially unbreakable encryption technology. A notable example is a new version of Transport Layer Security (TLS) known as version 1.3. The activity ensues largely in a single venue... more