Privacy

Whois Masking Considered Harmful

Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name... more

Ties That Bind

One of the throwaway remarks I sometimes make at conferences is that "Google knows you're pregnant before you do". I can say this because the things you search for will change as your life changes, and search engine providers may well be able to spot the significance of these changes because they aggregate data from millions of people. Now Google's philanthropic arm, google.org, has shown just what it can do with the data it gathers from us all by offering to predict where 'flu outbreaks will take place in the USA. more

Coming to Grips with an Internet that Never Forgets

My weekly technology law column discusses the implications of an Internet that never forgets. I note that the most significant Internet effect during the current election campaign in Canada has not been any particular online video, website or Facebook group. Instead, it has been the resignation of eight Canadian candidates based on embarrassing or controversial information unearthed online. more

Deep Packet Inspection: When the Man-In-The-Middle Wants Money

Say you're walking down the sidewalk having a talk with your best friend about all kinds of things. What if you found out later that the sidewalk you were using wasn't really a sidewalk -- but instead a kind of false-front giant copying machine, unobstrusively vacuuming up what you were saying and adding to its database of information about you? Or, say you send a letter to a client of yours (to the extent you still do this), and it turns out later that your letter was intercepted, steamed open, and the contents were read... more

Skype Messes Up, Badly

The Open Net Initiative's Information Warfare Monitor project has published a stunning report by "Hacktivist" Nart Villeneuve titled: "Breaching Trust: An analysis of surveillance and security practices on China's TOM-Skype platform." It has been covered by both the New York Times and the Wall Street Journal... more

Cloud Computing and Privacy

There has been a good deal of talk of late on the important topic of security and privacy in relation to cloud computing. Indeed there are some legitimate concerns and some work that needs to be done in this area in general, but I'm going to focus today on the latter term (indeed they are distinct -- as a CISSP security is my forte but I will talk more on this separately). more

Hunting Unicorns: Myths and Realities of the Net Neutrality Debate

In many ways, the emotionally charged debate on Network Neutrality (NN) has been a lot like hunting Unicorns. While hunting the mythical horse could be filled with adrenalin, emotion, and likely be quite entertaining, the prize would ultimately prove to be elusive. As a myth, entertaining; but when myths become reality, then all bets are off. The Network Neutrality public and private debate has been filled with more emotion than rational discussion, and in its wake a number of myths have become accepted as reality. Unfortunately, public policy, consumer broadband services, and service provider business survival hang in the balance. more

Are Botnets Run by Spy Agencies?

A recent story today about discussions for an official defense Botnet in the USA prompted me to post a question I've been asking for the last year. Are some of the world's botnets secretly run by intelligence agencies, and if not, why not? Some estimates suggest that up to 1/3 of PCs are secretly part of a botnet. The main use of botnets is sending spam, but they are also used for DDOS extortion attacks and presumably other nasty things like identity theft. But consider this... more

CIRA Creates Backdoor WHOIS Exceptions for Police and IP Owners

Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants - hundreds of thousands of Canadians - by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more

New CIRA Whois Policy Strikes Balance Between Privacy and Access

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

Important New Jersey Supreme Court Decision in Internet Privacy

The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more

The Anti-Phishing Consumer Protection Act of 2008

Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more

ICA Posts Position Paper and Analysis of Snowe “Anti-Phishing” Legislation

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

An Internet Security Operations Viewpoint of IGF

The Internet Governance Forum (IGF) is an annual UN conference on Internet governance which was held this year in Rio de Janeiro, Brazil. The topics discussed range from human rights online to providing Internet access in developing countries. A somewhat secondary topic of conversation is Internet security and cyber-crime mostly limited to policy and legislative efforts. Techies and Internet security industry don't have much to do there, but I have a few updates for us from the conference. more

Whois: If You Want Privacy, Pay For It

Netchoice, a lobbying group for the e-commerce industry had a strange reaction on the failure of the GNSO working group on Whois to reach a consensus. After all, they say, "Privacy concerns with Whois that were identified years ago have already been addressed by in the marketplace"... more