Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

Five More Years! There Was No “Deal” and WSIS Resolved Nothing

The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more

Equifax Breach: 9 Fraud Prevention Steps Everyone Should Take

The U.S. Internet Revenue Service now says that criminals already had most of the information that credit bureau Equifax lost in a breach that revealed personal information about nearly 150 million people. The incident at Equifax and the IRS' mid-October admission of how much-stolen data was already in criminal hands may force changes in how the world handles personal information. more

AOL Fires Across the Bow of Spam-Friendly ISPs

The North American Network Operators Group (NANOG) conference, a gathering of Internet Service Provider (ISP) engineers and vendors convenes three times a year for mostly technical conversation along with social networking. The recent NANOG conference in Reston Virginia saw some unusually direct talk about Spam and the ISPs that tolerate it from America Online's Postmaster, Charles Stiles. more

The Non-Parity of the UDRP

The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... more

Challenges in Anti-Spam Efforts

Without commenting on the particulars as they relate to Goodmail -- especially since I am on the advisory board for Habeas, a competitor -- let me note that public discussion is largely missing the nature of the current Internet mail realities and the nature of the ways we can deal with them. There are two articles in the current issue of the Internet Protocol Journal, of which I wrote one, that provide some useful background about this reality. Simply put, Internet mail needs to sustain spontaneous communications... more

Domain Name System (DNS) Security Should Be One of Your Priorities

Most people, even seasoned IT professionals, don't give DNS (the Domain Name System) the attention it deserves. As TCP/IP has become the dominant networking protocol, so has the use of DNS... Due to the reliability built into the fundamental RFC-based design of DNS, most IT professionals don't spend much time worrying about it. This can be a huge mistake! more

Will Splogs Kill .INFO Domains?

An article in the September issue of Wired explores search spam and the role of .info domain names. The article, titled "Spam + Blogs = Trouble" is a good overview of the problems of search spam, blog spam, and other various forms of web activity designed to take advantage of search engines. (The article will be online September 5, but you can read it on page 104 of the print edition that is available to subscribers now). For those not versed in search spam, it's basically creating multiple websites, typically auto-generated by computers, to get good search rankings and then monetize the resulting search traffic through AdSense or affiliate programs. The article focuses much of its attention to splogs, or auto-generated blogs... more

Transition to IPv6 Address

Last month's column looked at the exhaustion of the IPv4 unallocated address pool and the state of preparedness in the Internet to grapple with this issue... There has been a considerable volume of discussion in various IPv6 and address policy forums across the world about how we should respond to this situation in terms of development of address distribution policies. Is it possible to devise address management policies that might both lessen some of the more harmful potential impacts of this forthcoming hiatus in IPv4 address supply, and also provide some impetus to industry to move in the originally intended direction to transition into an IPv6 network? more

ICANN Slaps Joker.com and DNS.com.cn

If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more

Security, Standards, and IoT: Will Connected Devices Flourish Under Prescriptive Regimes?

Security for Internet-connected devices, the "Internet of Things" (IoT), is critically important. Now, more than ever, it is top of mind for device manufacturers, network operators, consumer advocates, lawmakers, and government regulators -- domestically and internationally. In the face of recent attacks, government authorities and consumer advocates have proposed legislation, frameworks, certifications, and labeling schemes. more

Google Sued in Domainer Lawsuit: Vulcan Golf v. Google

Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more

The Highest Threat TLDs - Part 2

In the first article of this two-part blog series, we looked at how frequently domains were used by bad actors for phishing activity across individual top-level domains (TLDs) or domain extensions, using data from CSC's Fraud Protection services, powered by our DomainSecSM platform. In this second article, we analyze multiple datasets to determine the highest-threat TLDs, based on the frequency with which the domains are used egregiously for a range of cybercrimes. more

2.6 Billion Records Were Stolen, Lost or Exposed Worldwide in 2017, an 88% Increase From 2016

Over the past five years, nearly 10 billion records have been lost, stolen or exposed, with an average of five million records compromised every day. more

Information and Communication Technologies (ICT) Industry Soon to Be Largest Source of Co2 Emissions

Although on the production side the tar sands are one of the biggest sources of CO2 emissions, the Information and Communication Technologies (ICT) industry, globally is the fastest growing and soon will be the largest source of CO2 emissions on the consumption side of the equation. ICT emissions are produced indirectly from the coal generated electricity that is used to power all of our devices. Currently it is estimated that ICT consumes around 10% all electrical power growing at about 6-10% per year. more