/ Most Commented

Worm Propagation Strategies in an Ipv6 Internet

A recent paper called "Worm Propagation Strategies in an IPv6 Internet", written by Steven M. Bellovin, Angelos Keromytis, and Bill Cheswick, examines whether or not the deployment of IPv6 will in fact provide a substantial level of barrier against worms. Shared below are the introductory paragraphs from this paper. "In recent years, the internet has been plagued by a number of worms. One popular mechanism that worms use to detect vulnerable targets is random IP address-space probing..." more

How to Build an Internet Governance Forum

Public consultations on the new "Internet Governance Forum" being created by the United Nations will be held in Geneva February 16-17. The Internet Governance Project has released a new discussion paper explaining how the Forum could work. The Forum must be as open as possible and give all stakeholders equal participation rights. Its deliberations must be wide-ranging and resist politically motivated barriers to discussion. And its products must feed into other, more authoritative Internet governance forums. more

Internet Wars

A couple of days ago the BBC reported that a document called the Information Operations Roadmap (PDF) had been declassified and that it contained some pretty interesting stuff. The American dominance over the Internet, recently manifested by its unwillingness to hand over some of the critical control to UN-organizations, may have another side to it. more

The First French Judicial Decision Over .EU

Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released -- or more specifically the first decision over an application for a .eu name. The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day. more

The Search for Net Neutrality

My weekly Law Bytes column (Toronto Star version, freely available version) examines the growing trend toward a two-tiered Internet, which upends the longstanding principle of network neutrality under which ISPs treat all data equally. I argue that the network neutrality principle has served ISPs, Internet companies, and Internet users well. It has enabled ISPs to plausibly argue that they function much like common carriers and that they should therefore be exempt from liability for the content that passes through their systems. ...Notwithstanding its benefits, in recent months ISPs have begun to chip away at the principle. more

ALAC Meets the ICANN Board

For three years, I've been a member of ICANN's "Interim" At-Large Advisory Committee, ALAC. At this Vancouver meeting, for the first time, the ICANN Board met with us, and Bret captured it on mp3 for podcast. ALAC criticized ICANN's proposed settlement with VeriSign, and then spoke about the problems with the current structure for at-large participation. more

WSIS Deal: Oversight

The UN Secretary-General has been invited to "convene a new forum for multi-stakeholder policy dialogue." Everyone can see his/her hearts' desires in the WSIS deal: ICANN can believe that it has survived for another day; governments can believe that they will have "an equal role and responsibility for international Internet governance"; and there will be an enormous meeting in Greece by the second quarter of 2006 to start the Internet Governance Forum going. more

Facing the Facts on Internet Governance

Having just arrived in Tunis for the WSIS, my weekly Law Bytes column (Toronto Star version, freely available version) focuses on the Internet governance issues that are likely to dominate discussions all week. I argue that claims about a "digital Munich" and a U.N. takeover are not helpful to arriving at an appropriate solution (though based on discussions this morning it does not appear that things are moving very far away from such claims). more

What Legal Framework for Online Identity?

Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more

ICANN Does Something Technical!

I've often said that ICANN regulates the business of buying and selling of domain names and that ICANN's claim that it coordinates technical matters to preserve the stability of DNS is a fantasy. Well I am proven wrong. ICANN has done something technical. ICANN has issued Guidelines for the Implementation of Internationalized Domain Names, Draft Version 2 [PDF] (pending approval by the ICANN board.) It's only four pages long, but those few pages contain a lot of significant material. more

ICANN’s Proposed Changes to IDN Registration

A month ago, ICANN announced that it had a large set of proposed changes to its "Guidelines for the Implementation of Internationalized Domain Names". The original guidelines are fairly confusing and not widely deployed by the ccTLDs, so one would think that the proposed revisions would be clearer and more useful. No such luck. Instead of describing what the problems with the old guidelines were, the committee that put together the new proposal simply added a whole bunch more rules. more

Survey Results Expose Widespread DNS Vulnerabilities

The Measurement Factory and Infoblox have announced results of a survey of more than 1.3 million Internet-connected, authoritative domain name system (DNS) servers around the globe. The results of the survey indicate that as many as 84 percent of Internet name servers could be vulnerable to pharming attacks, and that many exhibit other security and deployment-related vulnerabilities. The surveys consisted of several queries directed at each of a large set of external DNS servers to estimate the number of systems deployed today and determine specific configuration details. more

WIPO Panel Splits on Descriptiveness of bocaresorts.com

An arbitration panel of the World Intellectual Property Organization has decided 2-1 in favor of Complainant Boca Raton Resort & Club in an action under the Uniform Domain Name Dispute Resolution Policy over the domain name bocaresorts.com. ...The Presiding Panelist, Dennis Foster, disagreed with the majority's conclusion, and issued a dissent that addressed the issue of bad faith. Foster asserted that the Respondent was "entitled to believe that the phrase 'Boca Resorts' is geographically descriptive and means resorts in the city of Boca Raton, Florida... more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more

Regime Change on the Internet: Conference Notes

"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more