Cybersquatting and Geopolitics Heats Up

Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more

When is a Typo Not a Typo?

I was reading about the Nieman Marcus lawsuit and on a phone call related to the "Working Group on Mechanisms to Protect Rights of Others", when suddenly it occurred to me that this whole rush to rid the world of typos could eventually head in a messy direction... How far can this go? Let me take you back to that phone call I was on where representatives of Yahoo indicated they would try to secure Flicker.XXX as a TYPO of Flickr.com (their made up brand name) during a potential new TLD sunrise period. How backward is that? A Typo that became a brand, trying to call the generic name a variant of their trademark! more

Dot-XXX and Tiered/Differential Pricing: Permitted?

As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more

Spamhaus Policy Block List Update

Recently, I wrote about the Spamhaus Policy Block List (PBL), suggesting senders encourage their network/connectivity service providers (whomever they lease or purchase IP addresses from) to list their illegitimate email-sending IPs as a step towards improving the overall email stream on the internet. The initial PBL was seeded with listings from the Dynablock NJABL ("Not Just Another Bogus List"), which at the time of the cut-over was at more than 1.9 million entries... more

Will You Need a Domain Tax Guide?

It's tax time again. If you are like most domainers, you are a little hesitant about filing your tax return. This is not just because you dread paying Uncle Sam like most taxpayers. It may be because you are unsure of whether you are reporting your domain purchases and sales correctly. Despite the growth of domaining, it is still a relatively young and small industry that has not yet gained the attention of the IRS... more

ICANN’s Last Call for Whois Comments

From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... more

.XXX is Back on the Radar Screen

The DoC seems to have finally realized it went too far by using ICANN to serve the interests of some conservative groups, as mentioned in a previous post. The new story is now that the ICANN board did not reject the .XXX application as such, but only the agreement negotiated between ICM Registry and the ICANN staff at that time. How subtle these things are... more

Top Domain Name News Stories of 2006

Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more

Oklahoma Anti-Spammer Loses Big in Court

In November, Mark Mumma, who runs a little design firm at webguy.com, lost an appeal in the Fourth Federal Circuit. He'd filed suit against cruise.com and their parent Omega World Travel under CAN SPAM and an Oklahoma anti-spam law. Omega countersued for defamation. The court threw out Mumma's case, and allowed part of the defamation case to proceed. At first blush, this looks like a big win for spammers. more

UDRP and Article 92(b) of EUROPEAN COUNCIL REGULATION (EC) No 40/94

It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more

Dog Eats Opt-Out Requests, FTC Is Not Impressed

Last week the Federal Trade Commission settled a lawsuit against Yesmail, a large ESP (Email Service Provider). The facts of the case are not in dispute, but their meaning is. Yesmail, like most large ESPs, has absorbed a number of its smaller competitors over the years including a company called @Once. Back in 2004, they screwed up their incoming mail so that a whole lot of bounces and opt-out requests were erroneously filtered out as spam. As a result, thousands of people who'd told @Once to stop sending them mail kept getting mail anyway... more

Domain Name Resale Market a Haven for Phishers?

In a recent article at TechWeb, the following observations were made: "Internet addresses that appeal to identity thieves eager to rip off consumers are being posted by major domain resellers... Finnish-based F-Secure has identified more than 30 registered domain names for resale that would be of interest only to the legitimate holder of the trademark or to phishers..." more

.Mobi Premium Name Auction Off to Wild Success at TRAFFIC in Miami

I'm in attendance at the the TRAFFIC EAST 2006 show, in Hollywood [Miami], Florida. There has been a lot of buzz here about the .Mobi top level domain, ranging from the talk of early registrants hoping to create the next big mobile portal to those that were keen to see implementations of mobile content. There was a domain name auction this evening where flowers.mobi sold for $200,000.00 (USD), and fun.mobi for $100,000.00 (USD) from a long list of domain names in the com, net, info, org, us and mobi extensions. more

Ottawa Alternative Telcom Policy Forum

I had the pleasure of chairing all of the sessions of the alt.telecom policy forum held in Ottawa this past weekend. It was a great meeting, and a multi-stakeholder meeting at that -- having key people from Academia, civil society, Government, as well as the internet business sector. more

False Positives and Ignorance

Content inspection is a poor way to recognise spam, and the proliferation of image spam recently drums this home. However if one must use these unreliable techniques, one should bring mathematical rigour to the procedure. Tools like SpamAssassin combine content inspection results, with other tests, in order to tune rule-sets to give acceptable rates of false positives (mistaking genuine emails for spam), and thus end up assigning suitable weights to different content rules. If one is going to use these approaches to filtering spam, and some see it as inevitable, one better know one's statistics... more