When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

A Balkanized Internet Future?

Joi Ito has an important post [also featured on CircleID] on how the internet is in danger of becoming balkanized into separate "internets". He's not the only person who's concerned. Greg Walton worries about Regime Change on the Internet. My friend Tim Wu, a law professor specializing in international trade and intellectual property, has written an article for Slate: The Filtered Future: China's bid to divide the Internet... more

The Internets

I don't know how much deep thought was involved when George Bush called the Internet "the internets" but this reflects a real risk that we face today. If you look at the traffic of many large countries with non-English languages, you will find that the overwhelming majority of the traffic stays inside the country. In countries like China and Japan where there is sufficient content in the local language and most people can't or don't like to read English this is even more so. I would say that the average individual probably doesn't really notice the Internet outside of their country or really care about content not in their native language. more

Twenty Myths and Truths About IPv6 and the US IPv6 Transition

After hearing over 350 presentations on IPv6 from IPv6-related events in the US (seven of them), China, Spain, Japan, and Australia, and having had over 3,000 discussions about IPv6 with over a thousand well-informed people in the IPv6 community, I have come to the conclusion that all parties, particularly the press, have done a terrible job of informing people about the bigger picture of IPv6, over the last decade, and that we need to achieve a new consensus that doesn't include so much common wisdom that is simply mythical. There are many others in a position to do this exercise better than I can, and I invite them to make a better list than mine, which follows. more

News from the Authentication Summit in NYC

At The Email Authentication Implementation Summit in New York City last week, several major ISPs surprised attendees with their announcement that they are jointly backing a single authentication standard. Yahoo!, Cisco, EarthLink, AOL, and Microsoft got together and announced they are submitting a new authentication solution, DomainKeys Identified Mail to the Internet Engineering Task Force for approval as a standard. This is big news... more

Working Group on Internet Governance Releases Report

The Working Group of Internet Governance has released its final report [PDF]. As I wrote this week in my Law Bytes column, the report comes on the heels of the U.S. statement that it has no intention of surrendering control of root zone file. The WGIG report developed a working definition of Internet governance that states: "Internet governance is the development and application by Governments, the private sector and civil society, in their respective roles, of shared principles, norms, rules, decision-making procedures, and programmes that shape the evolution and use of the Internet."... more

ICANN Meetings in Luxembourg

The ICANN Meetings are in full flow here in sunny Luxembourg. The venue is immense and located a cab, bus, or shuttle ride from the various hotels. So far, the big topics are the .Net finalization (focusing on the readjustment of the pricing verbiage), the USDOC root announcement, the shell registrar accreditations used in the batch pool for the purposes of getting dropped names, and the practice of registrars exploiting the 5 day add grace period to register in excess of 50000 names to watch how much web traffic they have, and returning the ones that do not at no cost... more

The Philosophical Case for Expanding the Domain Name Space

At the December 2004 ICANN meeting in Cape Town, Vint Cerf said this to the Public Forum: "I want to go on record as saying... that I am no longer sure that I have a strong understanding of why I would be motivated to create a new TLD..." Dr. Cerf posed a question that has yet to be answered or even discussed by the DNS stakeholder community. While the technical and business cases for the introduction of new TLDs have been successfully made, what is the philosophical case for adding new TLDs? What semantics are encoded in TLDs, and how could those semantics be expanded in a consistent way? more

U.S. Government to Retain Oversight of the Internet’s Root Servers

The U.S. government has announced today that it will indefinitely retain oversight of the Internet's root servers, ignoring pervious calls by some countries to turn the function over to an international body. more

IETF Publishes RFCs on SPF and Sender ID

A recent press release from the Internet Society reports that the IETF will shortly publish specifications of SPF and Sender-ID in the RFC series. What does this mean for the future? ...More than 4000 documents have been published in the RFC series since the first RFC in 1969, relatively few of which have evolved into Internet standards. Each RFC is characterized when published as standards-track, best current practice, informational, experimental, or historical. These four RFCs, three describing Sender ID and one describing SPF, are all experimental. more

An Infrastructure TLD: Avoiding the Side Effects of Today’s .Net

I've mentioned before that there is something special about the .net top level domain - in particular .net is the place where the legacy root DNS servers and most of the TLD servers are to be found. Thus, if .net were to wobble there is more than a strong chance that the DNS root and other TLDs would also begin to wobble. This kind of cross-dependency is something that A) is a risk to overall internet stability and B) is something that ICANN seems utterly unable to perceive. more

Live Nude Domain Names

ICANN announced recently that it has begun negotiations with an applicant for another 'sponsored' (non-open) top level domain, .XXX. There has been a fair amount of coverage, for and against. My initial reaction is (with the proviso that the public information to assess these things is always insufficient): .XXX seems plausible for what it is but it isn't what many probably think it is. ...that's the key to understanding this. This TLD is intended to be a trade association and is not a form of regulation. more

There Is No “Spam Problem”

This month I thought I could feel smug, deploying Postfix, with greylisting (Postgrey), and the Spamhaus block list (SBL-XBL) has reduced the volume of unsolicited bulk commercial email one of our servers was delivering to our clients by 98.99%. Alas greylisting is a flawed remedy, it merely requires the spambots to act more like email servers and it will fail, and eventually they will... more

Do Not Enter - It’s XXX

There soon will be a central place for Web surfers to dwell in a forbidden cyber land of adult fantasies, sex, dark rituals and total taboos. Finally, ICANN has given in to the pressure and has tossed a big rock across the turbulent e-commerce ocean. It has approved a new suffix, .xxx, for adult-only porn sites, creating ripples and debates in ever so confusing global cyber branding times when cyber global domain name challenges are being fought in the complex earthly trademark realities. Three things are bound to happen... more

Crack the Code: That’s a Direct Challenge

I had quite an interesting experience recently. I was hired by a company to perform a vulnerability assessment and penetration test on their network. During the initial meeting, one of the key technical staff presented me with a challenge; He handed over the NTLM hash of the domain Administrator account and challenged me to decipher it. He explained that the complexity and length of the password would prevent me from deciphering it during the time allotted for the project. He was actually quite confident in my impending failure... more