Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more
Companies sensible to effective delivery of email to all free email services may have noticed problems with deliveries to Hotmail addresses. Despite the SMTP dialog ending with a successful "250" return code, recipients don't see the message. In their Guidelines, MSN require thorough compliance with IETF standards. However, it seems they have their own interpretation about provisions for Delivery Status Notifications, a.k.a. bounces, that servers must send after they have accepted responsibility for delivering the message... more
So this afternoon my charge is to lay out all the Net Neutrality (NN) issues to a bar association that doesn't have a telecom subcommittee... Cringely says that "In the end the ISPs [network providers] are going to win this [network neutrality] battle, you know. The only thing that will keep them from doing that is competition, something it is difficult to see coming along anytime soon..." more
International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more
Ed Richards, Chief Executive of Ofcom, was at Columbia today... NN (Net Neutrality) debate does give us insight into importance of disclosure to consumers -- consumers should be able to switch providers, and they should know which ISPs are making prioritization decisions. This should be an obligation of suppliers to communicate this information to consumers. In particular, he says that Ofcom is actively exploring whether network operators whose traffic shaping activities change materially should have to tell consumers -- and if these changes are significant consumers should be allowed to break their contracts with the provider without penalty... more
The fallout from the failure of RegisterFly has been largely addressed as an issue of regulation and enforcement. ...ICANN has not historically enforced the escrow obligation, and in any case, if a company has failed, who exactly is going to take responsibility for updating the escrowed data? It seems to me that the problems that have arisen as a result of RegisterFly's collapse have more to do with the design of the "shared registry system" for the .COM and .NET TLDs than they do with ICANN's failure to enforce the RAA. more
ICM Registry applauds the decision yesterday of Judge Lowell Reed of the United States District Court for the Eastern District of Pennsylvania in ACLU v. Gonzales to permanently enjoin enforcement of the Child Online Protection Act ("COPA"). Praising Judge Reed's meticulously documented opinion, ICM Registry President Stuart Lawley said, "This continues the unbroken chain of court decisions in the U.S. upholding free expression on the Internet, and it underscores the superiority of voluntary measures that empower users to select content compared with government regulations." Lawley concluded, "Now, more than ever, it underscores the need for ICANN to approve the proposal for a voluntary .xxx domain as another alternative to government regulation." more
You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more
What economic and social factors are shaping our future needs and expectations for communications systems? This question was the theme of a joint National Science Foundation (NSF) and Organisation for Economic Co Operation and Development (OECD) workshop, held on the 31st January of this year. The approach taken for this workshop was to assemble a group of technologists, economists, industry, regulatory and political actors and ask each of them to consider a small set of specific questions related to a future Internet. Thankfully, this exercise was not just another search for the next "Killer App", nor a design exercise for IP version 7. It was a valuable opportunity to pause and reflect on some of the sins of omission in today's Internet and ask why, and reflect on some of the unintended consequences of the Internet and ask if they were truly unavoidable consequences... more
While I was in LA last week John sent me details of the Communications Regulation (Amendment) Bill 2007. While there are some potentially positive aspects in the Bill some of the Bill's contents are, for lack of better word, simply crazy... more
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