Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more

Road Warrior at Risk: The Dangers of Ad-Hoc Wireless Networking

Most people who have wireless Ethernet at home, or the office, connect to the wireless network by attaching to a wireless Access Point, or AP. This method of wireless networking is called "Infrastructure Mode". If you have a secure wireless network configured in "Infrastructure Mode" you are using MAC address filtering, some level of encryption, and have made some additional changes to your AP in order to prevent just anyone from using it or capturing data. ...However, for those who are not using "Infrastructure Mode", and are configured to communicate from machine to machine, or "Ad-Hoc", there are a few things you should be aware of. more

So You Think You’re Safe from DNS Cache Poisoning?

Everyone is probably well aware of the Kashpureff-style DNS cache- poisoning exploit (I'll call this "classic cache poisoning"). For reference, see the original US-CERT advisory prompted by this exploit. Vendors patched their code to appropriately scrub (validate) responses so that caches could not be poisoned. For the next 7-8 years, we didn't hear much about cache poisoning. However, there was still a vulnerability lurking in the code, directly related to cache poisoning. ...On April 7, 2005, the SANS ISC (not to be confused with Internet Systems Consortium) posted an update detailing how Microsoft Windows DNS servers were still being poisoned, even though the "Secure cache against pollution" option was set. The SANS ISC found that Windows DNS servers using BIND4 and BIND8 servers as forwarders were being poisoned. But how could this be? more

Monetizing the Internet

What would duopoly providers of internet access really like to have? They'd really like to be paid for providing non-commodity services. They'd really like to be rewarded for running the network, top to bottom. "But that's not possible," you say. No provider can tell one packet from another. Providers can only block the ports used by applications they don't like, and that's a clumsy, unwinnable arms race. The applications can always switch to common and useful ports, and no provider wants to alienate its subscriber base. But what if providers could inspect the contents of packets, without using too much computational power, and discriminate among applications? "Naah," you say. "They can't possibly do that."... more

IGP Asks You to Weigh in on the USG’s .xxx Intervention

Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more

Maybe the IETF Won’t Publish SPF and Sender-ID as Experimental RFCs After All

Yesterday, the IESG, the group that approves RFCs for publication received an appeal from Julian Mehnle to not to publish the Sender-ID spec as an experimental RFC due to technical defects. IESG members' responses were sympathetic to his concerns, so I'd say that a Sender-ID RFC has hit a roadblock. The problem is simple: Although Sender-ID defines a new record type, called SPF 2.0, it also says that in the absence of a 2.0 record, it uses the older SPF1 record. Since SPF and Sender-ID can use the same records, if you publish an SPF record, you can't tell whether people are using it for SPF or Sender-ID. Ned Freed commented... more

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

Regime Change on the Internet: Conference Notes

"Regime Change on the Internet? Internet Governance after WGIG" was the first public event held in the United States on July 28, 2005 to review the UN Working Group on Internet Governance (WGIG) report. Here are my notes from the event: "Markus Kummer, Executive Coordinator, UN Working Group on Internet Governance, reminded the audience that the mandate of the WGIG was specifically articulated by the first part of the WSIS - "To investigate and make proposals for action as appropriate". It was not for sweeping regime change as the conference title would suggest." more

Signposts in Cyberspace: An NRC Report on the DNS and Internet Navigation

In light of the recent decision by the United States government to "maintain its historic role in authorizing changes or modifications to the authoritative root zone file" and ICANN's recent decisions to add more gTLDs (including .xxx), and to renew VeriSign as the .net registry, readers may be interested in the just-published report of the National Research Council's Computer Science and Telecommunications Board, Signposts in Cyberspace: The Domain Name System and Internet Navigation. ...a comprehensive policy-oriented examination of the Domain Name System in the broader context of Internet navigation. more

SPF Loses Mindshare

MAAWG is the Messaging Anti-Abuse Working group. It was started by Openwave, a vendor that sells e-mail hardware and software to large ISPs and originally consisted only of Openwave customers, but has evolved into an active forum in which large ISPs and software vendors exchange notes on anti-spam and other anti-abuse activities. Members now include nearly every large ISP including AOL, Earthlink, Yahoo, Comcast and Verizon is a member, along with ESPs like Doubleclick, Bigfoot, and Checkfree, and vendors like Ciscom, Ironport, Messagelabs, Kelkea/Trend, and Habeas. They've also been quietly active in codifying best practices and working on some small but useful standards like a common abuse reporting format. more

About Those Root Servers

There is an interesting note on the ITU Strategy and Policy Unit Newslog about Root Servers, Anycast, DNSSEC, WGIG and WSIS about a presentation to ICANN's GAC. (The GAC website appears to be offline or inaccessible today.) The interesting sentence is this: Lack of formal relationship with root server operators is a public policy issue relevant to Internet governance. It is stated that this is "wrong" and "not a way to solve the issues about who edits the [root] zone file." Let's look at that lack of a formal relationship... more

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

Address Policies

When does an experiment in networking technology become a public utility? Does it happen on a single date, or is it a more gradual process of incremental change? And at what point do you change that way in which resources are managed to admit a broader of public interests? And how are such interests to be expressed in the context of the network itself, in terms of the players, their motivation and the level of common interest in one network? While many may be of the view that this has already happened some years ago in the case of the Internet, when you take a global perspective many parts of the globe are only coming to appreciate the significant role of the Internet in the broader context of enablers of national wealth. more

When Will The Internet Be Divided Among Nations?

The desired goal of most of the other countries other than US is to end up with their own local language suffixes, own local language domain names, basically their own Internet, with its own domain registration policies -- in a nutshell, a very big and a very complex global mess, indeed. This fight over ICANN, the Internet Corporation for Assigned Names and Numbers, is all about a golden key, as without it, the Internet is completely useless. ...It's also ICANN, the organization that from the start has made some very stringent and often very weird policies about such issues as the golden keys. Now its global authority is being challenged, and such fights could divide the power of this controlling body, and any adverse outcome will simply split the Internet.  more

IGP on Future U.S. Role in Internet Governance

On June 30, 2005, the United States Department of Commerce National Telecommunications and Information Administrtation (NTIA) released the "US Statement of Principles on the Internet's Domain Name and Addressing System." The Internet Governance Project (IGP) has issued 7 points in response to the "Statement of Principles" showing the direction believed to be in the interests of the United States and the world. more