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CAN-SPAM Defendant Awarded $111k in Fees/Costs: Gordon v. Virtumundo

I believe this ruling represents the first time that a CAN-SPAM plaintiff has been ordered to pay attorneys' fees and costs to a defendant. As a result, it's a leading example that courts can and do grow tired of bogus anti-marketing lawsuits, and perhaps it will serve as an expensive warning to CAN-SPAM plaintiffs to ensure the merits of their lawsuit. Gordon is an uber anti-spam plaintiff, leading countless CAN-SPAM lawsuits. As the court describes, Gordon runs a "spam business"--basically, a for-profit plaintiff litigation shop to go after spammers (the court also calls it a "litigation factory")... more

Paul Vixie in Response to Site Finder Controversy

As a domain holder myself (of vix.com), I would not have chosen ".com" for my parent domain name back in 1988 had there been a wildcard domain name [that activates Site Finder service] under ".com". The risk of someone attempting to reach me but ending up talking to someone else instead would have been seen as "too great". I am now searching for a new parent domain whose publisher will guarantee me, in perpetuity, that there will be no wildcard name as there now is in "com". more

The Politics of Email Authentication, 2006 Edition

A student at a well-known US university wrote me and asked whether, given the huge national interest in getting the industry to unite behind (at least) one format, did I think that the FTC should've played a stronger role in pushing the industry to adopt an authentication format? I said: Nope. Part of the reason it's taking so long to agree on a standard is that the process is infested with academic theoreticians who are more interested in arguing about hypotheticals and pushing their pet spam solutions than in doing something useful... more

The New Hong Kong Anti-Spam Law, and a Small Fly in the Ointment

Well, it has been quite a while since first the Hong Kong OFTA (in 2004) and then CITB (in 2006) issued requests for public comment about a proposed UEM (Unsolicited Electronic Messaging) bill to be introduced in Hong Kong, for the purpose of regulating unsolicited email, telephone and fax solicitations. We're a large (worldwide) provider of email and spam filtering - but we're based in Hong Kong, and any regulation there naturally gets tracked by us rather more actively than laws elsewhere. We sent in our responses to both these agencies... The bill is becoming law now - and most of it looks good... There's one major fly in the ointment though... more

An Analysis of Microsoft’s MARID Patent Applications

The IETF MARID working group has been slogging away all summer trying to produce a draft standard about e-mail sender verification. They started with Meng Wong's SPF and Microsoft's Caller ID for E-mail, which got stirred together into a hybrid called Sender ID. One of the issues hanging over the MARID process has been Microsoft's Intellectual Property Rights (IPR) in Caller ID and Sender ID. The IETF has a process described in RFC 3668 that requires contributors to disclose IPR claims related to their contributions. more

United Nations Establishes Working Group on Internet Governance

Secretary-General Kofi Annan announced today the members of the United Nations Working Group on Internet Governance, which is to prepare the ground for a decision on this contentious issue by the second phase of the World Summit on the Information Society in 2005. The establishment of the Working Group was requested by the first phase of the Summit, held in Geneva last December. At that time, countries agreed to continue the dialogue on the management of the Internet, at both the technical and policy levels. more

.hk the “Most Unsafe” Domains?

Hong Kong domains are the most dangerous in the world; this little factoid from a recent McAfee report generated quite a bit of media coverage, and even made TIME magazine's top stories list. But all is not as it seems, and aspects of the report may have been out of date before the report was even published. McAfee's study seems to be based on a year's worth of data, and last year was a particularly bad year for the Hong Kong domain, thanks to a gang of botnet spammers registering thousands of domains under the .hk ccTLD. These domains were most likely registered using stolen credit cards... more

Implications of Canada’s CASL - Toughest Anti-Spam Law the World Has Ever Seen

While Canada was dragging the chain when it came to introducing anti-spam legislation, it is now making up for lost time. Ottawa's new law -- expected to be operational early this year -- has severe fines for violations and is viewed by some as too tough. Known as CASL, the new law aims to crack down on spammers and mailing list companies but in doing so, tightly regulates the way businesses can market to prospective customers via email and online. more

10 Reasons Why Involving Government in Spam Control is a Bad Idea

1. Many jurisdictions already have laws which cover abuse of computer systems and networks -- and spam is of course abuse. These laws are only sporadically enforced, however, usually when a sufficiently visible/powerful entity is the aggrieved party. Adding more laws (a) is redundant and (b) does not increase enforcement. 2. Laws are only enforced as law enforcement has resources available. Spam/abuse is not a high priority unless a sufficiently visible/powerful entity makes it so, and those cases are rare. more

Domain Speculation: Attack of the TechnoPinkos

This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better... more

The Rumors of Sender ID’s Demise Are Exaggerated

While several news stories are reporting that Sender-ID has been killed, that is not entirely true. While Sender-ID in its current form is dead because of Purported Responsible Address (PRA), the compromise version with MAILFROM and PRA scopes is not. Also, the co-chairs want to stay away from any other alternative algorithms that do RFC2822 checking because of possible Intellectual Property Rights (IPR) claims by Microsoft on that as well. Andrew Newton, one of two co-chairs of the working group, wrote in an email today to the group's discussion forum... more

Privacy Matters: Is It Time To Abolish The WHOIS Database?

Recently, I entered my domain name in a "WHOIS" database query to test the results of the database by using WHOIS on a number of domain name registrar websites. WHOIS is a database service that allows Internet users to look up a number of matters associated with domain names, including the full name of the owner of a domain name, the name of the domain name hosting service, the Internet Protocol or I.P. number(s) corresponding to the domain name, as well as personally identifying information on those who have registered domain names. I was astonished to find... more

WSIS: What Is It ‘Really’ All About?

Until a few weeks ago, almost everyone in the Internet governance circus seemed to ignore the very existence of WSIS. After it popped up on international newspapers, however, things have been changing; and suddenly, I have started noticing plenty of negative reactions, on the lines of "we don't need WSIS, we don't need the UN, we don't need governments, we don't need internationalization - just go away from our network". However, I often find that these reactions are based on fundamental misunderstandings of the issues at stake; so please let me offer a different perspective. more

GDPR Didn’t Affect Spam? Not So Fast

I have recently become aware of a blog post from Recorded Future that attempts to analyze the effects of the GDPR on online security. Unfortunately, it starts by asking an irrelevant question and then goes on to use irrelevant metrics to come to a meaningless answer. The premise of Recorded Future's article - that spammers would send more spam and register more domains because GDPR came into effect - tells us nothing useful about how GDPR affects anything. It's the wrong question... more

98% Of Internet’s Main Root Server Queries Are Unnecccary: Should You Be Concerned?

A recent study by researchers at the Cooperative Association for Internet Data Analysis (CAIDA) at the San Diego Super Computer Center (SDSC) revealed that a staggering 98% of the global Internet queries to one of the main root servers, at the heart of the Internet, were unnecessary. This analysis was conducted on data collected October 4, 2002 from the 'F' root server located in Palo Alto, California.

The findings of the study were originally presented to the North American Network Operators' Group (NANOG) on October 2002 and later discussed with Richard A. Clarke, chairman of the President's Critical Infrastructure Protection Board and Special Advisor to the U.S. President for Cyber Space Security. more