Law

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better. more

The Trembling Trademark Owners

Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is... more

Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn't tamped down the hyperbole that's fueled the fight to control the Internet's constituent parts for all these years. more

Affidavit Shows Errors in Homeland Security Domain Seizures

TechDirt reviewed the affidavit filed by the United States Department of Homeland Security's Immigration and Customs Enforcement division when seizing various hip-hop and bittorrent-related domain names recently, and discovered some very deep misunderstandings of how content appears on web sites. more

Wikileaks DDoS of Spamhaus: Political Activism at Its Dumbest

A week ago, Paul Vixie wrote a thoughtful piece on the morality of DDos, for both sides of the equation of the Wikileaks issues. In it he summarizes things nicely: "Denial of service is not merely a peaceful protest meant to garner attention for a cause. Denial of service is forcible and it is injurious. It is not like any form of civil disobedience, but rather it is criminal behaviour more like looting." Well said, Paul... more

Canada’s Anti-spam Bill C-28 is the Law of the Land

It's been a long time coming, but Canada has an anti-spam law, and one, which sets a new world standard, and a tough, but fair, opt-in protocol for everyone in North America who sends commercial email and other electronic messages. Yesterday, The Canadian Senate voted to accept Bill C-28, and today, December 15, at 13:00 eastern, it will be given Royal Asset of the Governor General of Canada, His Excellency the Right Honourable David Johnston. 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

Who Is Blocking WHOIS? Part 2

We have just returned from the Brussels, Belgium ICANN meeting where we released our Registrar audit, the Internet "Doomsday Book." There are many topics covered in the report, but we wanted to follow up specifically on the issue of WHOIS access and add data to our previous column Who Is Blocking WHOIS? which covered Registrar denial of their contracted obligation to support Port 43 WHOIS access. more

Open Internet and Democratic Principles Under Attack

It is somewhat ironic that, several years ago now, Rupert Murdoch (while hinting at China) said something along the lines of the new media constituting a threat to totalitarian regimes, and that these regimes would have to open up and democratise. At that time the entire the western world, led by America (perhaps quietly), applauded his statement. ... However, now that those western leaders are being confronted with exactly the same issues, and are seeing for themselves the enormous democratic benefits of the Internet, they are behaving in a most authoritarian way. more

No Free Lunch in Internet Peering or Transit

Like many of you, I am keenly following the Comcast-Level 3 dispute and am trying to make sense of it all. The dispute confirms several universal principles about Internet traffic routing that have passed the test of time. ... Consumers pay Internet Service Providers ("ISPs") a monthly subscription with the expectation that the fee covers access to available content, i.e., the conduit. As the World Wide Web evolves and content options diversify to include full motion video, consumers simply expect their ISPs to make sure the download distribution pipes are sufficiently robust to handle high bandwidth requirements and commensurately large monthly download volume. more

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark. 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

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. 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

Libyan Government Seizes vb.ly Domain

The one-page link shortening service provider, vb.ly, has been seized with no apparent warning by the Libyan government which manages the ".ly" county code Top-Level Domain (ccTLD). According to reports, Nic.ly, the registry operator of the ccTLD in Libya informed the user of the domain that the content of its website was considered offensive, obscene and illegal by the Libyan Islamic Sharia Law and therefore revoked. more