The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

5G Security Transparency

There is considerable rhetoric propagated today about 5G security. Some of the more blatant assertions border on xenophobia with vague assertions that the 5G vendors from some countries cannot be trusted and wholesale government banning is required. Existing treaty obligations are being summarily abrogated in favour of bilateral trade bullying. These are practices that the late President George H.W. Bush sought to eliminate a quarter century ago through intergovernmental organization initiatives... more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Enough With Blacklisting Online Pharmacies, Isn’t It Time to Consider White Lists?

Before I go back to the beginning, let me make clear that what follows are my personal observations vis-a-vis how National Association of Boards of Pharmacy (NABP) is managing the .Pharmacy Registry relative to personal experience as founder, President and CEO of Tralliance Corporation, the original manager of the .Travel Registry. My analysis may be a little long, but I promise that if you stay with me, you will be enlightened. more

ICANN’s Two Decades of Evolution

In the fall of 1998, I was present at the first meeting of the ICANN Board which was then made up of very senior, prominent parties from a broad spectrum of sources. Much to her credit, Esther Dyson accepted the position as the first Chair of the ICANN Board for the newly birthed organization. I was in attendance in support of the nomination of Michael Roberts as the first ICANN CEO. It was a time of uncertainty. more

(DNS) Security Protocols Do What They Say on the Tin

DNS-over-TLS has recently become a welcome addition to the range of security protocols supported by DNS. It joins TSIG, SIG(0) and DNSSEC to add privacy, and, in the absence of validating stub resolvers, necessary data integrity on the link between a full-service resolver and the users' stub resolver. (The authenticated source feature of TLS may also offer some additional benefits for those of a nervous disposition.) Good stuff. What is not good stuff is... more

New Zealand’s Domain Name Commission Wins Injunction in a Lawsuit Against DomainTools

New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more

Taking a Multi-Stakeholder Look at Cyber Norms

Recently we've seen several examples of likely state sponsored security incidents of which the appropriateness was later strongly debated. Incidents such as states impacting commercial enterprises during cyber attacks; purported sabotage of critical infrastructure, and attacks on civilian activists have all, to a greater or lesser degree, led to concerns being raised by both civilian watchdog groups, academics, technologists and governments. more

Trump’s Outrageous ITU Elections Gambit

Every four years, the 168-year-old, Geneva-based treaty organization that provides the legal basis for worldwide network communications, radio spectrum management, and satellite placements holds a "plenipotentiary" conference among its 193 sovereign nation members. The next plenipotentiary begins on 29 October for three weeks. In addition to potentially altering treaty provisions and resolutions, and constituting its Council as an interim governing body, it elects 17 individuals to its five permanent bodies... more

Why Foldering Adds Very Little Security

I keep hearing stories of people using "foldering" for covert communications. Foldering is the process of composing a message for another party, but instead of sending it as an email, you leave it in the Drafts folder. The other party then logs in to the same email account and reads the message; they can then reply via the same technique. Foldering has been used for a long time, most famously by then-CIA director David Petraeus and his biographer/lover Paula Broadwell. Why is foldering used? more

The Economics of Hacking an Election

There have been many news stories of late about potential attacks on the American electoral system. Which attacks are actually serious? As always, the answer depends on economics. There are two assertions I'll make up front. First, the attacker -- any attacker -- is resource-limited. They may have vast resources, and in particular, they may have more resources than the defenders -- but they're still limited. Why? more

ICANN vs EPAG: ICANN Seeks Appeal Plus Pushes for ECJ Referral

As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more