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This post isn't about -- or isn't only about -- the use of computer technology to commit crimes. It's more about the use of computer technology to commit war. A few weeks ago, I was part of a conversation about the legal issues cyberwarfare raises. We were talking about various scenarios -- e.g., a hostile nation-state uses cyberspace to attack the U.S. infrastructure by crippling or shutting down a power grid, air traffic control systems, financial system, etc. Mostly, we were focusing on issues that went to the laws of war, such as how and when a nation-state that is the target of a cyberattack can determine the attack is war, rather than cybercrime or cyberterrorism. more
Some of the root server operators post public statistics for their domain name traffic at the top-level. For example, the graph (which can take a bit of time to generate, given ICANN's slow servers) for the L-root server's most popular Top-Level Domain (TLD) queries demonstrates, to no one's surprise, that .com is king. What's more interesting, though, especially given the new generic Top-Level Domain (gTLD) debate, is to look at the most popular invalid (non-existent) TLDs. more
Four senators (Rockefeller, Bayh, Nelson, and Snowe) have recently introduced S.773, the Cybersecurity Act of 2009. While there are some good parts to the bill, many of the substantive provisions are poorly thought out at best. The bill attempts to solve non-problems, and to assume that research results can be commanded into being by virtue of an act of Congress. Beyond that, there are parts of the bill whose purpose is mysterious, or whose content bears no relation to its title. more
Earlier this month, I had the opportunity to attend the The Emerging Communications (eComm) 2009 conference in San Francisco which was packed with 3 days of fascinating conversations about the future of communications. I absolutely enjoyed talking to various speakers and attendees giving me a deep level of appreciation and perspective on technical, commercial and political issues at hand -- and what is likely to come in the next few years. And speaking of politics, Lee Dryburgh, who founded eComm in early 2008, has generously allowed us to share with you a fascinating panel discussion which took place on day 3 of the conference called "Spectrum 2.0 - What's really happening?" more
It depends on whose numbers you like. Andrew Odlyzko claims it's up 50-60% over last year, a slower rate of growth than we've seen in recent years. Odlyzko's method is flawed, however, as he only looks at public data, and there is good reason to believed that more and more traffic is moving off the public Internet and its public exchange points to private peering centers. Nemertes collects at least some data on private exchanges and claims a growth rate somewhere between 50-100%. more
As the institutions of Wall Street continue to crumble one after another, there's a lesson to be learned for those of us who want to make sure the Internet remains as free and open in the future as it has been in the past. The collapse of Fannie Mae, Freddie Mac, Bear Stearns, Merrill Lynch, Lehman Brothers, AIG and the rest didn't happen overnight. The situation has been brewing for years. The subprime mortgage crisis may have precipitated the immediate tragedy, but underpinning the whole mess is a philosophy about business and government. more
When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more
Today the FCC is condemning Comcast's practices with respect to P2P transmissions.I'm happy for FreePress and Public Knowledge today, and I know they have achieved a substantial change in the wind. The basic idea that it's not okay for network access providers to discriminate unreasonably against particular applications is now part of the mainstream communications discourse. That has to be good news. I'm concerned on a couple of fronts. The FCC has taken the view that it can adjudicate, on a case-by-case basis, issues that have to do with "Federal Internet Policy." They used that phrase several times... more
Hong Kong domains are the most dangerous in the world; this little factoid from a recent McAfee report generated quite a bit of media coverage, and even made TIME magazine's top stories list. But all is not as it seems, and aspects of the report may have been out of date before the report was even published. McAfee's study seems to be based on a year's worth of data, and last year was a particularly bad year for the Hong Kong domain, thanks to a gang of botnet spammers registering thousands of domains under the .hk ccTLD. These domains were most likely registered using stolen credit cards... more
Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. 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
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