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It's been a long time coming, but Canada has an anti-spam law, and one, which sets a new world standard, and a tough, but fair, opt-in protocol for everyone in North America who sends commercial email and other electronic messages. Yesterday, The Canadian Senate voted to accept Bill C-28, and today, December 15, at 13:00 eastern, it will be given Royal Asset of the Governor General of Canada, His Excellency the Right Honourable David Johnston. more
In the sci-fi movie Minority Report, a 'precrime' police unit relies on the visions of psychics to predict future crimes, then arrests the potential perpetrators before they do anything wrong. In the world of Internet governance, the future is now, as regulators want online services to predict and prevent safety threats before they actually occur. more
Facebook announced on Friday that it settled the class action challenging its "Beacon" advertising program. Net result? Facebook establishes a privacy foundation funded with $9.5 million (or what's left of this amount after attorneys' fees, costs, and class claims are deducted)... Beacon was an advertising program launched in November 2007 which (roughly speaking) allowed the transmission of purchase and consumer-related information between partner retailers, Facebook, and of course, your Facebook friends. I don't think many people have a sense of all of the contours of the program... more
I was looking at the End User License Agreement to which Skype wants people to assent. I noticed the following odd provision (Section 3.2.4): You hereby grant to Skype a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable licence to Use the Content in any media in connection with the Skype Software, the Products and the Skype Website. 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
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
In a non-operational NANOG discussion about Google bandwidth uses, several statements were made. It all started from the following post by Mark Boolootian: "Cringley has a theory and it involves Google, video, and oversubscribed backbones..." The following comment has to be one of the most important comments in the entire article and its a bit disturbing... more
In follow-up to recent announcement on the release of the latest edition of the very popular DNS and BIND book -- often referred to as the bible of DNS -- CircleID has caught up with Cricket Liu, co-author and a world renowned authority on the Domain Name System. In this interview, Cricket Liu talks about emerging issues around DNS such as security and IPv6 support, and important new features such as internationalized domain names, ENUM (electronic numbering), and SPF (the Sender Policy Framework). "Cricket Liu: We're now seeing more frequent attacks against DNS infrastructure. ...Turns out that name servers are terrific amplifiers -- you can get an amplification factor of nearly 100x. These attacks have raised awareness of the vulnerability of Internet name servers, which is possibly the only positive result..." more
It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more
If anyone needs another reason why the UN should not be in charge of the internet, they need look no further than the upcoming UNESCO conference on "Freedom of Expression in Cyberspace." The United Nations Education Scientific and Cultural Organization conference will discuss "whether universal free expression standards should be applied to the Internet and how free expression can be protected while respecting individual privacy, national laws and cultural differences." The conference is being held in preparation for the second phase of the UN's World Summit on the Information Society (WSIS)." more
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) more
ICANN has launched three task forces on WHOIS restructuring...It sounds innocuous enough -- nobody likes spam -- but the restrictions being discussed reach further than marketers. Pushed by registrars who feel that WHOIS amounts to forced disclosure of their customer lists, the task force is seriously discussing closing off port 43's straightforward access to WHOIS information, replacing it with GIF-based barriers or similar access restrictions. more
A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more
The recent adoption at the end of December of the new EU Directive for a high level of cybersecurity across the Union -- commonly referred to as "NIS2" - paved the way for important updates to the domain name system (DNS). Most significantly, Article 28 of NIS2 and its related recitals resolved any ambiguities about the public interest served by a robust and objectively accurate WHOIS system that permits legitimate access by third parties to data... more
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