Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name... more
Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants - hundreds of thousands of Canadians - by removing the public disclosure of their personal contact information... Apparently I spoke too soon. 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
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
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
Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
Nominet has published a very detailed and comprehensive position paper on "front running". Although the paper is a mere 5 pages long it covers all the areas that the topic encompasses very well and is well worth a read. The topic of "front running" has received some publicity in the last few months. If you're not familiar with the concept Nominet's definition is helpful... more
The Internet Governance Forum (IGF) is an annual UN conference on Internet governance which was held this year in Rio de Janeiro, Brazil. The topics discussed range from human rights online to providing Internet access in developing countries. A somewhat secondary topic of conversation is Internet security and cyber-crime mostly limited to policy and legislative efforts. Techies and Internet security industry don't have much to do there, but I have a few updates for us from the conference. more
Netchoice, a lobbying group for the e-commerce industry had a strange reaction on the failure of the GNSO working group on Whois to reach a consensus. After all, they say, "Privacy concerns with Whois that were identified years ago have already been addressed by in the marketplace"... more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
ICANN's GNSO council had WHOIS on its agenda for today. The options on the table: (1) Accepting the outcome of years of policy development processes; (2) rejecting that outcome (again?), but calling for some kind of fact-gathering to feed into future policy work, in order to keep the space occupied; (3) acknowledging that there is broad dissent in the Internet community, and calling for a sunset on the WHOIS clauses in current agreements, as these clauses are not backed by community consensus any more. Not very surprisingly, motions (1) and (3) failed; (2) was accepted; all that after lengthy discussion, with lots of procedural bells and whistles. more
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
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