Your Trademark Sucks.com

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more

Google’s Free Public DNS Load Tops VeriSign, Raising Dot-Com Contract Tender Question

Google revealed on its official blog today that it is handling an average of more than 70 billion requests per day on its free Public DNS service. According to VeriSign's latest public statistics, it is handling only an average of 59 billion DNS requests per day, less than that handled by Google. more

Refusing REFUSED

The U.S. Congress' road to Stopping Online Piracy (SOPA) and PROTECT IP (PIPA) has had some twists and turns due to technical constraints imposed by the basic design of the Internet's Domain Name System (DNS). PIPA's (and SOPA's) provisions regarding advertising and payment networks appear to be well grounded in the law enforcement tradition called following the money, but other provisions having to do with regulating American Internet Service Providers (ISPs) so as to block DNS resolution for pirate or infringing web sites have been shown to be ineffectual, impractical, and sometimes unintelligible. more

About Those Root Servers

There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more

Domain Registry Models: Thin or Thick?

The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more

An Interview with the Lead Developer of SPF - Part II

CircleID recently interviewed Meng Weng Wong, the lead developer of Sender Policy Framework (SPF) and founder of Pobox.com. As one of the leading anti spam authentication schemes, SPF is used by companies such as AOL, Earthlink, SAP and supported by anti spam companies such as Sophos, Symantec, Brightmail, IronPort, Ciphertrust, MailArmory, MailFrontier, Roaring Penguin Software, and Communigate Pro. Last month, Microsoft announced its agreement to merge Caller ID, its own proposed anti spam authentication scheme, with SPF -- the joint standard is called 'Sender ID'. In this two-part interview, Meng Wong explains how SPF got started, where it is today and what could be expected in the future of email. more

An Economic Analysis of Domain Name Policy - Part II

"Comparisons with Telecommunications Policy" is the focus of part two of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...In the United States, an independent federal agency, under the direction of Congress, is charged with developing and implementing policies governing the major telecommunications industries. These include broadcast radio and television, wireline and wireless telephony, and video distribution via cable, wireless, and satellite. One might wonder why the Federal Communications Commission ("FCC") does not likewise have jurisdiction, at least in the US, over perhaps the most significant telecommunications industry -- the Internet. more

Objections to .XXX, Attention in High Places

Dot XXX is in for some interesting times, I fear. First the ICANN GAC chair Sharil Tarmizi is suggesting that more time be given for government and public policy feedback on .XXX. Objections certainly have started to come in from rather high places, such as from the US Department of Commerce. Personally speaking I'm inclined to be in favor of .XXX because it at least gives people in the adult entertainment industry their own online space and a stronger voice (gTLD)... more

Story Behind .ASIA

After releasing .travel and .jobs (hey, steve.jobs up for bidding!), ICANN said they will look at .xxx and .asia next. (via Chiao) "Vint Cerf: ...of those, we have had fairly extensive discussion about .asia and .xxx. We continue to evaluate those. The others will be attended to as we can get to them. But i want to say for the record that we will attempt within the next 30 days to come to a conclusion one way or the other about .asia and .xxx so these will be on a board call sometime within that period." Chiao called .ASIA "more or less like a joint venture among APxx organizations". I say nonsense! Don't let appearance fool you. more

Go Daddy Sues VeriSign Over Site Finder

Go Daddy Software, Inc. has filed a lawsuit in Federal District Court in Arizona against VeriSign Inc., seeking a temporary restraining order against VeriSign's new Site Finder service, a paid-advertising page VeriSign has established on the Internet to which the traffic associated with mistyped, and other, domain names will be directed. Go Daddy's lawsuit claims that VeriSign is misusing its position as the .com and .net domain registry to gain an unfair competitive advantage by intercepting (and profiting from) internet traffic resulting from the scores of invalid domain names that are typed into users' browsers on a daily basis. more

Moving Target: Spammer Using Over 1000 Home Computers as DNS

Some individual appears to have hijacked more than a 1,000 home computers starting in late June or early July and has been installing a new Trojan Horse program on them. The Trojan allows this person to run a number of small websites on the hijacked home computers. These websites consists of only a few web pages and apparently produce income by directing sign-ups to for-pay porn websites through affiliate programs. Spam emails messages get visitors to come to the small websites.

To make it more difficult for these websites to be shut down, a single home computer is used for only 10 minutes to host a site. After 10 minutes, the IP address of the website is changed to a different home computer... more

MegaBust’s MegaQuestions Cloud the Net’s Future

Mid-January 2012 marked a major inflection point for digital copyright policy in the United States... Yet no one involved with Congressional interaction on either side of the issue believes it has been sidetracked for long, and "Hollywood" and "Silicon Valley" are both plotting their next moves in this high-stakes game to further define the responsibilities and potential liabilities... The resolution of this dispute will determine the ability of Internet services to move to "the cloud"... more

China’s “Green Dam Youth Escort” Software

Today's Wall Street Journal has a provocative story headlined 'China Squeezes PC Makers: Beijing Is Set to Require Web Filter That Would Block Government-Censored Sites'... According to a press release dated June 8th China time, after a period of testing and evaluation, the "Green Dam Youth Escort" software received government blessing in April to be made available for free public download. The press release says that the software has been downloaded over 3 million times since the end of March and is being used by approximately 2279 schools... more

PIR’s Anti-Abuse Policy for .ORG Offers No Due Process for Innocent Domain Registrants

PIR, the registry operator for .org, has sent notices to registrars that it is implementing an anti-abuse policy that offers no due process for innocent domain registrants... While it's good intentioned, there is great potential for innocent domain registrants to suffer harm, given the lack of appropriate safeguards, the lack of precision and open-ended definition of "abuse", the sole discretion of the registry operator to delete domains, and the general lack of due process. more

The Real Facts About New gTLDs

Many with financial interests in new gTLDs, such as Donuts, have painted a rosy picture of how new gTLDs create greater availability of meaningful domain name options that the global masses have been waiting for. Their message seems to be: FINALLY, there is an alternative to .com in new domain extensions like .guru, .photography, .blackfriday and .tips. But, the reality is that we have always had options other than .com to choose from when registering a domain name. The challenge isn't choice, its relevance and credibility. more