In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more
What made an organization like the Internet Society draft an issues paper on Intellectual Property? What is the aim of this paper? How does the paper relate to overall Internet governance discussions? And, what - if any - impact does it aim to have on the discussions regarding Intellectual Property? At a time when there is a desire to resolve policy considerations by employing technological measures, the Internet Society, through an issues paper, amongst other things, seeks to chart a path forward... more
Registration of .Pro domains has descended into shambles as the Registry responsible for their administration has allowed a flood of domain registrations which appear to be in breach of the strict rules restricting who can register a .pro domain and the certified credentials required before any such domain can work. more
In January of this year, a frontpage article on WSJ quoted Verizon Chief Executive Ivan Seidenberg "We have to make sure they (Google) don't sit on our network and chew up our capacity". Both AT&T and Bellsouth also made similar statements in the same article. A few days ago, Verizon repeat their call to "End Google's Free Lunch": "A Verizon Communications Inc. executive yesterday accused Google Inc. of freeloading for gaining access to people's homes using a network of lines and cables the phone company spent billions of dollars to build." ...it is no surprise that Network Neutrality, a concept where broadband providers are not to discriminate rivals when they charge tolls or prioritize traffic, is now on the agenda of the US Congress. more
A group of leading DNS experts have released a paper detailing serious concerns over the proposed DNS filtering requirements included as part of the bill recently introduced in the U.S. Senate named Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 ("PROTECT IP Act"). The group who is urging lawmakers to reconsider enacting such a mandate into law, includes leading DNS designers, operators, and researchers, responsible for numerous RFCs for DNS, publication of many peer-reviewed academic studies related to architecture and security of the DNS, and responsible for the operation of important DNS infrastructure on the Internet. more
In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more
I will first begin this post by emphasizing that this article is entirely my personal viewpoint and not to be considered as endorsed by or a viewpoint of my employer or any other organization that I am affiliated with. Neither is this to be considered an indictment of the sterling work (which I personally value very highly) that several people in Microsoft are doing against cybercrime. Microsoft's takedown of 3322.org to disrupt the Nitol botnet is partial and will, at best, have a temporary effect on the botnet itself... more
ICANN is about to do serious damage to its reputation by making a precipitous, ill-considered leap into the unknown should it follow through on removing price constraints on several legacy extensions, most notably .org. Doing so would expose a global community of non-profits to the risk of quickly-escalating exploitative pricing. The rationale for eliminating price caps relies on three points, all of which are incorrect. more
The Supreme Court of Canada has ruled that Internet providers are not broadcasters for the purposes of the Broadcasting Act when they simply transmit content to subscribers, reports Michael Geist. The court noted... more
Since November of last year we have been discussing the problem of illicit and illegal online pharmacy support by ICANN-accredited Registrars. In several articles and direct contact with the Registrars we have tirelessly tried to convey the seriousness of this problem, many listened, some did not... With the background information already known, the case presented here is much more specific and concerns EvaPharmacy, which was until recently, the world's largest online criminal pharmacy network. more
We live in a world of information abundance and the proliferation of ideas. Through mobile devices, tablets, laptops and computers we can access and create any sort of data in a ubiquitous way. But, it was not always like that. Before the Internet information was limited and was travelling slow. Our ancestors depended on channels of information that were often subjected to various policy and regulatory restrictions. The Internet changed all that. more
We see the problems that we are facing within an increasingly digital society and economy. We cannot go backward; the only way forward is to ensure that this new digital environment is made as safe as possible from a personal, social, political and economic perspective. We are currently struggling on these fronts. Unfortunately, we have now clearly entered a situation of cyber warfare. States now use digital technologies to impose and undermine ideologies. more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
"The Root Server is a Scarce Resource" is the focus of part one 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. ...We begin our analysis of domain name policy with a brief excursion into economics. Economics cannot answer all of the questions raised by domain name policy. First, domain name policy must answer to the discipline of network engineering. A useful domain name system must work, and the functionality, scalability, reliability, and stability of the system are determined by the soundness of its engineering. Second, domain name policy must answer to public policy. The Internet is a global network of networks, and Internet policy is answerable to a variety of constituencies, including national governments, the operators of the ccTLDs, Internet Service Providers, information providers, end users of the Internet, and many others. more
Ever since I published an essay exploring the relationship between climate change and the Internet, I have endeavored to bring this subject to the fore as often as possible (and in relevant fora and discussions) since the responsibility of creating a more sustainable world falls on all communities and stakeholder groups. It is particularly pressing now -- at a time when international interest in curbing climate change is strengthening, while it is juxtaposed with the receding commitments of the United States government... more
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