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When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action.
Previously, this series tackled the terribly awful Amendment 35 to the NTIA-Verisign cooperative agreement and also made the case that the tainted presumptive renewal currently included in registry agreements is inherently anti-competitive. But renewing legitimacy and integrity of Internet governance requires accurately understanding the unique and significant role retained by the U.S. government following the IANA transition.
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall...
A few weeks ago, Appdetex published a blog with predictions for 2021, and admittedly, at the date of publication, there were already very clear indications that one prediction was already in flight. In our blog post, we'd said, "With the global domain name system failing to abate abuse, and, in fact, thwarting consumer protection, get ready for a patchwork of local laws targeting attribution and prosecution of bad actors... Get ready for some confusion and turmoil in the world of notice and takedown related to local laws and regulations."
In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest.
We all use the Internet daily. Practically every element of our reality has its equal in the virtual realm. Friends turn into social media contacts, retail establishments to e-commerce shops, and so on. We can't deny that the way the Internet was designed, to what it has become, differs much. One example that we'll tackle in this post is the seeming loss of connection between domains and their distinguishable owners.
I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened.
Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA).
"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world."
Two months ago, the Federal Bureau of Investigation (FBI) alerted the public to a list of domains that could easily be mistaken to be part of its network. The list of artifacts contained a total of 92 domain names, 78 of which led to potentially malicious websites, while the remaining 14 have yet to be activated or are no longer active as of 23 November 2020.
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