Welcome:
Login
|
Sign Up
|
About CircleID
Follow:
|
|
|
While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more
Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
Over the past few weeks, regulators have rekindled their interest in an online Do Not Track proposal in hopes of better protecting consumer privacy. ... There are a variety of possible technical and regulatory approaches to the problem, each with its own difficulties and limitations, which I'll discuss in this post. more
Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam. ... The problem is that under the pitifully weak CAN-SPAM law, a lot of spam is entirely legal. more
A few weeks ago, Spamhaus filed a motion to have the judge reconsider his recent $27,002 award to e360. Their brief hangs on three arguments. ... it's clear Spamhaus is prepared to take this to the Court of Appeals (again) if the judge doesn't reconsider. In my lay reading of the law, and the memo in support of motion to alter judgement I don't think Spamhaus is out of line in asking for the judge to reconsider. I expect that if the judge doesn't reconsider, then we'll see an even more aggressive filing taking it up to the Court of Appeals. more
When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more
Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more
A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more
Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more
What happens to companies when they get too big for their own good? Do they inadvertently do things that potentially harm our privacy (think Facebook)? Or, do they simply make mistakes that violate our privacy? Well, last month Google revealed that its Street View cars "mistakenly" captured content flowing over wireless networks -- a potential invasion of privacy. more
The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held that the transmission of "commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters" does not violate California's spam statute. more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
Introduced by ranking Senate members of the Homeland Security and Governmental Affairs Committee, the Protecting Cyberspace as a National Asset Act of 2010, S.3480 is intended to create an Office of Cyber Policy in the executive branch of the government, confirmed by the Senate and ultimately reporting to the president. Senators Joe Lieberman, Blanche Lincoln and Tom Carper introduced the bill publicly on June 10, and a critical part of the bill is that critical infrastructure networks such as electricity grids, financial systems and telecommunications networks need to cooperate with the Office of Cyber Policy. more
A federal court granted a request for attorney's fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet. I thought things were looking good for Asis - whose lawsuits have generated substantial blog fodder - when it recently obtained a 2.5 million dollar default judgment in a spam case. more
A World-Renowned Source for Internet Developments. Serving Since 2002.