A Case of Mistaken Identity

As far as facebook is concerned, your email is your identification. This is true for other social networks like linkedin, and is slowly catching on to many other Web 2.0 services. It actually makes a lot of sense that your unique identifier (your "ID") would be your email -- it's unique by definition, it's easy to remember and most services need the email information anyway... So if email is destined to become the equivalent of your social security number or identification number (depending on which country you live in) how do we proof check that the email address we typed does not contain any typos? more

Identity Theft of Root Name Servers, Reason Unknown

There have been a number of attacks on the root name servers over the years, and much written on the topic. (A few references are here, here and here.) Even if you don't know exactly what these servers do, you can't help but figure they're important when the US government says it is prepared to launch a military counterattack in response to cyber-attacks on them. more

CAN SPAM and Affiliate Mailer Opt-Out

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

A Patent for SiteFinder-Like Resolution

I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more

New CIRA Whois Policy Strikes Balance Between Privacy and Access

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

700 MHz Update: Will VZ Comply with the Rules?

Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more

Sprint’s Big Deal: New Life for WiMax

The Wall Street Journal is reporting the terms of a yet unannounced deal which will finance a massive rollout of WiMax by a Sprint-Clearwire joint venture. Outside funding is to be provided by Intel, Google, Comcast, and Time Warner Cable as well as Bright House, a small cable company. Assuming the deal is for real, this is good news for US users of broadband and, indirectly, other users around the world. more

Microsoft’s Contribution Was TCP/IP

There's a fascinating blog discussion going on here, here and here. The conversation is around Marc Andreessen's refusal to trash Microsoft and Bill Gates on stage. Andreessen points to the way in which the company drove the industry forward in the 1990's, and Mathew Ingram says "love them or hate them, at least Microsoft standardized the operating-system market"... more

If It Spams Like a Duck…

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

ICANN GNSO Votes to Kill Domain Tasting

The ICANN Generic Names Supporting Organization has had tasting on its agenda since last fall, with a staff report issued in January, and a proposed anti-tasting policy written in March. On Thursday the 17th, the GNSO put the proposed policy to a vote, and it passed overwhelmingly. Under ICANN rules, the ICANN board has to take up the resolution at its next meeting, and since it was approved by a supermajority, it becomes ICANN policy unless 2/3 of the board votes against it, which in this case is unlikely. more

Important New Jersey Supreme Court Decision in Internet Privacy

The New Jersey Supreme Court has issued an important decision on Internet users' right to privacy. The case involves a dispute about whether an ISP violated a user's privacy rights by turning over subscriber information (name, address, billing details) associated with a particular IP address. It ends up that the subpoena served on the ISP was invalid for a variety of reasons. As the user had a 'reasonable expectation of privacy' in her Internet activities and identifying information, and because the subpoena served on the ISP was invalid, the New Jersey court determined that the ISP should not have turned over the personal data... more

CNN.Com, Politically Motivated DDoS, and Asymmetric Warfare

Once again I find myself thinking about the nature of the asymmetric warfare threat posed by politically motivated DDoS (Estonia in 07, Korea in 02, and now China vs. CNN in 08). I keep thinking about it in terms of asymmetric warfare, a class of warfare where one side is a traditional, centrally managed military with superior uniformed numbers, weaponry, and skill. On the other we have smaller numbers, usually untrained fighters with meager weapons, and usually a smaller force. Historical examples include the North Vietnamese in the 20th century and even the American Revolution in the 18th century. Clearly this can be an effective strategy for a band of irregulars... more

Will Technology Solve Network Neutrality?

When I first read this post about Predictable Network Solutions on the excellent Telco 2.0 blog, I thought it was an April Fool's Day hoax. Then I remembered that it's a UK site, and some Googling confirmed that it's a real company. So my question is, will this technology -- or something like it -- eventually make network neutrality a non-issue? Or will it be the means for network operators to implement the discrimination that everyone is worried about? more

Canadians Aren’t Buying Into Net Neutrality

The Tyee, an independent on-line magazine based in BC wrote a story about net neutrality more than a year ago, noting that most Canadians are sleeping through the debate. They followed up again last week. Despite what is called a "perfect storm of events that may crystallize the issue for consumers, businesses, politicians, and regulators," there hasn't been an overwhelming outcry, despite extensive press coverage of the most recent network activities. There are a number of voices who present a conspiracy theory on traffic shaping in Canada... more

Network Solutions Responds to Front Running Accusations

Following a post on the DomainState forum today, a number news and blogs have criticized Network Solutions for front running domain names that customers try to register. (See for instance today's report on DomainNameNews). Jonathon Nevett, Vice President of Policy at Network Solutions, has offered the following in response to the news break... more