Privacy

Survey of Global Internet Jurisdiction

The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions.

ICANN’s First Official Report on Whois Data Problems

ICANN has submitted the first report of what will be a series of annual reports summarizing its "expierince" with the Whois Data problems and inaccuracies. While emphasizing that "ICANN-accredited registrars are obligated by the terms of their accreditation agreements to investigate and correct any reported inaccuracies," the report provides the following conclusions:

UN Global Forum on Internet Governance

More than 200 leaders from government, business and civil society attended the Global Forum on Internet Governance, held on 25 and 26 March 2004 and organized by the United Nations Information and Communication Technologies (ICT) Task Force. The forum, held at United Nations Headquarters in New York, was intended, according to a UN press release, "to contribute to worldwide consultations to prepare the ground to a future Working Group on Internet Governance to be established by Secretary-General Kofi Annan, which is to report to the second phase of the World Summit on the Information Society (Tunis, 2005)".

Adult-Related TLDs Considered Dangerous

In an RFC prepared by Donald E. Eastlake 3rd and Declan McCullagh, an analysis is offered for proposals to mandate the use of a special top level name or an IP address bit to flag "adult" or "unsafe" material or the like. This document explains why these ideas are ill considered from legal, philosophical, and technical points of view: "Besides technical impossibility, such a mandate would be an illegal forcing of speech in some jurisdictions, as well as cause severe linguistic problems for domain or other character string names."

TLD for Online Communities and Social Networking?

A company called PW Registry Corporation makes the following announcement regarding the .PW ccTLD originally designated for the country of Palau: "The PW Registry Corporation announced today plans for the activation of the PW top- level domain (TLD), the Internet's first and only domain extension devoted to "Communities of Shared Interests". Unlike other domain extensions, such as .com, .biz, and .info, PW is aimed at providing individuals and consumer/affinity organizations a highly-personalized, permanent and portable e-mail address and a managed platform for community and social networking."

Report on Reaction to FOISA

On February 4, 2004, United States Congress held a hearing on a new proposed bill called the Fraudulent Online Identity Sanctions Act (FOISA). This bill will increase prison sentences by up to seven years in criminal cases if a domain owner provides "material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority." What follows is a collection of commentaries made in response to this proposed bill.

Why FOISA Should Never Become Law

In a recent issue of the Wall Street Journal, I noticed an underreported story about an embarrassing glitch that occurred involving the "washpost.com" domain name, which is used by the Washington Post Newspaper Company. Apparently, recently, the domain name stopped working -- no domain name services. This disrupted the flow and access of e-mail at the Washington Post as well as the operations of the washpost.com website.

Using Whois to Enforce Law?

Before starting I'd like to remind you that there are two distinct Whois systems -- the one for IP address delegations and one for DNS registrations. I believe that the former is a useful system in which there are clear utility values that outweigh the privacy costs, and in which the person whose privacy is exposed has made a knowing choice. I do not believe that these arguments apply to the latter, the DNS, form of Whois.

Privacy Alert: Watch Out For FOISA

This morning, at 10 am in 2141 Rayburn, the Subcommittee on Courts, the Internet, and Intellectual Property is holding a hearing on "Internet Domain Name Fraud -- New Criminal and Civil Enforcement Tools." At that hearing, the Subcommittee will be considering a new Whois bill creating new penalties for people who provide false data when registering a domain name. We need to raise our collective eyebrows at this bill (which was suddenly dropped the evening before this hearing). The title of the bill is the "Fraudulent Online Identity Sanctions Act." (FOISA)

Why NAT Isn’t As Bad As You Thought

Please do sit down. Should the shock cause you to suddenly lose consciousness, I hereby disclaim all responsibility for any subsequent loss or injury. I'm about to defend the anthrax of the Internet: NAT. Network Address Translation is a hack to enable private IP addresses on one side of a router (inside your network) to talk to public IP addresses on the other side (on the Internet, outside your network). It really doesn't matter how it works. The consequence is that unless the router is specifically configured, outsiders can't get in uninvited. So those on the inside can't, by default, act as servers of any service to the outside world.