In an article published by the Technology Liberation Front, Cato Institute adjunct scholar Tim Lee dissects a recent argument by the American Civil Liberties Union (ACLU) regarding free speech & anti-spam laws. It's been interesting to watch the ACLU wrestle with anti-spam legislation. Their entire purpose is to work through the legal system to protect our civil rights, as defined in the First Amendment -- which is why I've been a card-carrying member since before I was old enough to vote... more
Each SANSFIRE, the Handlers who can make it to DC get together for a panel discussion on the state of information security. Besides discussion of the hot DNS issue, between most of us there is a large consensus into some of the biggest problems that we face. Two come to mind, the fact that "users will click anything" and that "anti-virus is no longer sufficient". These are actually both related in my mind... more
n 2004 Jaynes became the country's first convicted spam felon under the Virginia anti-spam law. He's been appealing his conviction ever since, most recently losing an appeal to the Virginia Supreme Court by a 4-3 decision in February. As I discussed in more detail at the time the key questions were a) whether the Virginia law had First Amendment problems and b) whether Jaynes had standing to challenge it. The court answered No to b), thereby avoiding the need to answer a), the dissent answered Yes to both. more
There are many companies in the spam-fighting business and most, if not all, claim to be hugely successful. Yet spam is exponentially more prevalent today than it was just 2 years ago. How can one conclude that today's anti spam solutions are working? This year spammers will use machine-generated programs to send trillions of unsolicited email. Thankfully, a new anti-spam technology has made its way into the market. more
ICANN has posted a request by Afilias for a new registry service in relation to "abusive" domains in dot-info. While in general the proposal is motivated by good intentions, the devil is in the details. While most folks (including myself) probably care very little about the .info TLD, my concern is that any bad implementation in .info might be copied or used as a precedent in other more important TLDs, in particular .com run by VeriSign. more
News rumblings are that MySpace is celebrating its $6mm award against Scott Richter and his entities... Who Won? ...I'm not sure what MySpace asked for (their complaint is probably not a reliable barometer) but the overall tone of the document written by the arbitrator is that Richter's companies shouldn't be held entirely liable for all damages to MySpace. (In fact, the arbitrator's decision takes pains to show both sides of Richter. Some would say this is typical in arbitration.) more
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
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
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
Many online businesses use affiliates to drum up business. The affiliate finds a lead somewhere, passes it to the business, and gets a commission if the lead turns into a sale. Web based affiliates are relatively uncontroversial, but affiliates who advertise by e-mail are a chronic problem due to their propensity to send spam, both spam as normally defined and as defined by CAN SPAM. Is it possible to do legitimate e-mail affiliate marketing? Maybe... more
We've been wondering what e360 hoped to gain with their recent lawsuits against Spamhaus and others. If they were trying to clarify the right of ISPs to protect their users from spam, then they've certainly done a good job -- especially in this particular case. If it wasn't clear before, Judge Zagel's explanation should satisfy even the most pedantic of filtering opponents: "ISPs acting in good faith to protect their customers are not liable for blocking messages that some spammer claims are not spam..." more
In June 2004, Yahoo! and a number of other companies got together to announce the Anti-Spam Technical Alliance or ASTA. While it appears to have been largely silent since then, ASTA did at least publish an initial set of best practices the widespread adoption of which could possibly have had some impact on spam... The majority of these are clearly aimed at ISPs and end users, but some are either generally or specifically relevant to email providers such as Yahoo!, Google or Microsoft... The problem: Since February this year, we have been receiving a significant quantity of spam emails from Yahoo!'s servers. In addition to their transport via the Yahoo! network, all originate from email addresses in yahoo.com, yahoo.co.uk and one or two other Yahoo! domains. Every such message bears a Yahoo! DomainKeys signature... more
As most CAUCE supporters already know, forging 'From:' or other commonly seen email headers is trivially easy. It's one of the most frustrating oversights in the creation of Internet email technology -- though of course that's only obvious in hindsight; it was just fine for the pre-Internet networks of the late 1970s and early-mid 1980s. Since then, things have changed -- and the most interesting recent technological advancements in email have been in the realm of sender authentication, which encompasses ways to verify that the apparent sender of a message actually is the entity which sent it. more
Earlier this week, we inserted eleven new top-level domains in the DNS root zone. These represent the term "test" translated into ten languages, in ten different scripts (Chinese is represented in two different scripts, and Arabic script is used by two different languages). This blog post is not about that. (If you're interested about it, read our report on the delegations.) What I would like to talk about is some of the difficulties we face today in expressing scripts in a consistent way over the Internet... more
I've now read Soloway's plea agreement. Despite some claims from his lawyers that it's some kind of victory that he only pleaded to three of the 40 charges, with the rest being dismissed, it's clear from the agreement that he indeed did just about everything that the government charged. The government as is usual had several similar charges in each category. more
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