What Your ISP (Probably) Knows About You

Earlier this week, I came across a working paper from Professor Peter Swire - a highly respected attorney, professor, and policy expert. Swire's paper, entitled "Online Privacy and ISPs", argues that ISPs have limited capability to monitor users' online activity. The paper argues that ISPs have limited visibility into users' online activity for three reasons: (1) users are increasingly using many devices and connections, so any single ISP is the conduit of only a fraction of a typical user's activity; (2) end-to-end encryption is becoming more pervasive, which limits ISPs' ability to glean information about user activity; and (3) users are increasingly shifting to VPNs to send traffic. more

Post-UDRP, ACPA Actions Challenging Awards

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive remedy for cybersquatting, but it is by far the preferred forum. Direct actions in courts of competent jurisdiction, the Anticybersquatting Consumer Protection Act (ACPA) in the U.S. are minimal in comparison, and it is rare for respondents to remove disputes to a court of competent jurisdiction before a UDRP decision (paragraph 4(k) of the Policy). Less rare (but not copious) are post-UDRP challenges under the ACPA. more

Liberty Reserve Now, Bitcoin Next?

The papers have been abuzz with the shutdown of Liberty Reserve, an online payments system, due to accusations of large scale money laundering via anonymous transactions. Many people have noted similarities between LR and Bitcoin and wonder whether Bitcoin is next. I doubt it, because with Bitcoin, nothing is anonymous. more

Some Unsolicited Advice for AT&T re Google Voice

The FCC has posed a number of provocative questions to AT&T regarding the fact that iPhone subscribers cannot download and use the Google Voice application. AT&T should stifle every motivation to play cute or clever with the FCC. Apple adopted such a strategy when it suggested to the Library of Congress and others that it would be curtains for the free world if iPhone owners could hack, jailbreak, tether, and otherwise use their handsets without fear of violating the prohibition on circumventing copyright laws contained in the Digital Millennium Copyright Act. more

Hacking Increasingly Becoming a Physical Concern

If this past quarter's stories are any indication, we could very well be seeing the rise of a new wave of threats that will affect people in a more pronounced and physical level, reports Trend Micro in its Q2 Security Roundup Report. more

Open Systems Lead to ‘Economies of Scope’

The 'economies of scope' is an appealing concept implying that if we share knowledge in an open way we can create new, healthy economies that do not just depend on 'scale'. As we have seen, over the last decade in particular, some of the companies that are trying to achieve exponential growth can endanger the economy and society in general - the global financial crisis surrounding the large financial institutions, the scandals around News Corp, the political lobbying (bullying) by the super rich and the destruction of the environment by some developers. more

Antony Van Couvering Interviews Alexa Raad, CEO of Architelos (Video)

Antony Van Couvering, CEO of Minds + Machines, continues his series of in-depth talks with leading figures from the domain name industry with this video interview of Alexa Raad, CEO of Architelos, filmed recently at ICANN 49 in Singapore. Alexa and Antony discuss how brands are dealing with new gTLD, registry strategies for success and how to market a new gTLD. more

Beyond Limitations and What Good It Would Do to ICANN to Operate from Abundance

The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. more

LegitScript to Release Monthly Data on Rogue Internet Pharmacy Registrar Clustering

One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more

Time to Redelegate IE Namespace?

I've written extensively about Ireland's country code Top-Level Domain (ccTLD) '.ie' and its current registry operator IE Domain Registry (IEDR) in the past. While I've always tried to be fair and balanced in my coverage of the issues facing the IE namespace, I'm afraid my patience with the current registry operator has worn thin. While things may have improved over the course of the last few years, it is becoming abundantly clear that the current registry operator is probably not the best organisation to manage the ccTLD in the future. more

Launch of .ISLAM and .HALAL TLDs Remain on Hold as per ICANN’s Controversial Decision

"ICANN holds .islam, .halal in limbo despite losing case," reports Kieren McCarthy in The Register. more

Wow, That’s a Lot of Applications

ICANN unveiled all the applications for new top level domains today, all 1,930 of them. Most of them were fairly predictable, big companies applying for their own names like .IBM, .DUPONT, .AUDI, and .HSBC. The most applications for the same name were 13 for .APP, 11 for .INC and .HOME, 10 for .ART, 9 for .SHOP, .LLC, .BOOK, and .BLOG. None of those claim community support so they'll have to slug it out in the contention process. more

Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership

In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more

The Big Bad Internet

I often think there are only two types of stories about the Internet. One is a continuing story of prodigious technology that continues to shrink in physical size and at the same time continue to dazzle and amaze us... The other is a darker evolving story of the associated vulnerabilities of this technology where we've seen "hacking" turn into organised crime and from there into a scale of sophistication that is sometimes termed "cyber warfare". And in this same darker theme one could add the current set of stories about various forms of state sponsored surveillance and espionage on the net. more