Kentucky vs. 141 Domain Names

Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... 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

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

Users Don’t Like Forwarded Spam

A message on Dave Farber's Interesting People list complained that Comcast was blocking mail forwarded by DynDNS, a popular provider of DNS and related services for small-scale users... Actually, they're blocking it because a lot of it is spam. This is a problem that every mail forwarder and every mail system encounters; the only unusual thing here is that DynDNS is whining about it. It's yet another way that spammers have broken the mail for the rest of us. 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

Toxic Information

U.S. intelligence officials are increasingly worried that hackers could wreak havoc on the financial system. Read the story here in National Journal. Not that we need it, but here's yet another reason to worry about havoc in financial markets: U.S. intelligence officials increasingly fear that computer hackers could wreck banks and large financial institutions, or send stock markets into one more panicked frenzy, by covertly manipulating data and spreading false information. more

Continued Controversy Over Google Ads on Typosquatted Domains

Regular readers of this site would be familiar with the ongoing legal battles involving the practice of typosquatting; the registration of misspelled domain names of well know brands with the intention of making a profit. Taking advantage of the fact that millions of online users mistype addresses of websites they intend to visit, typosquatters register common misspelled versions of popular sites and make money by displaying ads. Google's AdSense for Domains (AFD) program, often used for displaying such ads, has been particularly targeted by trademark owners which according to McAfee's SiteAdvisor, serves ads on more than 80% of typosquatting sites recently uncovered. more

How Can ICANN Improve Institutional Confidence?

This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. more

Are You Getting Your News From Spam? My Mother Does

This is a story about my mother and Obama. My mother: "Have you heard about Obama? Really impressive guy." Me: "What about him?" My mother: "x, y and z." Me: "Where did you hear about this?" My mother: "I read email too, you are not the only one who is into technology." Luckily, my mother bases her opinion on more than just spam messages... more

Email Ad Network Isn’t Liable for Spam: Ferron v. Echostar

John Ferron is one of several "repeat" plaintiffs around the country suing over unsolicited email (perhaps not coincidentally, he's also an attorney). In this case, Ferron sued a variety of defendants associated with unsolicited email promoting dish satellite offerings for violations of Ohio's consumer protection law and the Electronic Mail Advertising Act (EMAA). more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. 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

ICANN Slaps Joker.com and DNS.com.cn

If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more

10 Years of ICANN

ICANN, the Internet Corporation for Assigned Names and Numbers, was officially incorporated on 30 September 1998 as a nonprofit public benefit corporation. Headquartered in Marina Del Rey, California, United States, ICANN was assigned to oversee a number of Internet-related tasks originally performed directly on behalf of the U.S. government by other organizations, such as the Internet Assigned Numbers Authority (IANA). Back in 1998, there was only one domain name registrar; now there are over 900 ICANN-accredited registrars in the world and over 168 million domain names registered. more

Comcast is Right, the FCC is Wrong

A fellow named Paul Korzeniowski has written a very good, concise piece on the Comcast action at the FCC for Forbes, Feds And Internet Service Providers Don't Mix. He manages to describe the controversy in clear and unemotional language, which contrasts sharply with the neutralists who constantly use emotionally-charged terms such as "blocking," "Deep Packet Inspection," "forgery," and "monopoly" to describe their discomfort. more