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Sex.com Settles Monumental Case Against VeriSign/Network Solutions

Sex.com announced today a final settlement with VeriSign (formerly Network Solutions, Inc.), concluding a six-year legal fight that set several important precedents for the future of the Internet. After the Ninth Circuit Court of Appeals granted Sex.Com a sweeping victory that held VeriSign/Network Solutions, Inc. (collectively "VeriSign") strictly responsible for mishandling the famous domain name, Sex.Com and VeriSign have settled Sex.Com's lawsuit against VeriSign. more»

Competition to Regional Internet Registries (RIR) for Post-Allocation Services?

Is it time for a split between allocation and services for Internet number resources as was the case for domain name resources? Back in 1996, Network Solutions had essentially four different government granted monopolies... In 1997, Network Solutions "spun" off the 3rd and 4th monopoly into a non-stock corporation known as American Registry for Internet Numbers (ARIN) which has continued the monopoly for its region after spinning off several other Regional Internet Registers (RIR) which are in themselves monopolies. more»

To Fight Domain Name Theft: Sex.com Gives Birth to a New Property Right

For those who are Star Wars fans, the following scene from the prequel, Attack of the Clones, will be easy to recall: a young and misinformed Jedi, known as Obi-waan Kenobi, opines about how an army of clones had been able to snatch a victory from imminent defeat. Yoda, a Jedi Master and virtual fountain of wisdom, immediately gushes forth an important correction: "Victory? Victory you say? Master Obi-waan, not victory." Yoda explains that winning a battle is not a victory, if the win merely signals that the war has just begun. Yoda's apparent perception seems particularly apt for the precedent setting federal court opinion involving the sex.com domain name. Notwithstanding that individual domain name registrants may seek comfort in the victory obtained from the Ninth Circuit's opinion in Kremen v. Cohen, that decision merely signals a beginning -- not an end -- to the controversy over the proper legal framework for resolving domain name theft.  more»

.XXX as Proposed is Wrong for Families & Kids

On August 23rd, the Internet Governance Project posted a letter Opposing Political Intervention in the Internet's Core Technical Administrative Functions. I disagree. ICANN and Governments should get involved when it comes to protecting children online. Every effort should be made to make it SIMPLE for average parents to let their children run free online without the risk of running across pornography and adult material while doing so. Why continue to let pornographers run free and unchecked on the most exciting tool created in the history of mankind just because they got there first? more»

.XXX Puzzle Pieces Start to Come Together: And the Picture is Ugly

Americans who worried about governments somehow "running" the Internet through the United Nations failed to see the Trojan Horses that were rolled into ICANN's structure in 1998: the Governmental "Advisory" Committee and the special US Government powers over ICANN. The attempt by the US Commerce Department to "recall" the delegation of .xxx to ICM Registry due to pressure from deluded right-wing groups in the US who think that it will add to pornography on the Internet is a major inflection point in the history of ICANN, and could represent the beginning of the end of its private sector/civil society based model of governance. more»

New Top-Level Domains Approved by ICANN

The Board of ICANN today gave final approval to the most dramatic change to the Internet in four decades -- allowing the expansion of new Top-Level Domains (TLDs). This monumental decision will allow companies and organizations to turn their own brands into Internet domain extensions (that is .brand) or to create broad generic strings such as .CAR, .SPORTS or .BANK. ICANN's TLD expansion plan was first announced three years ago on June 26, 2008 at the 32nd ICANN Meeting in Paris. more»

Adult-Related TLDs Considered Dangerous

In an RFC prepared by Donald E. Eastlake 3rd and Declan McCullagh, an analysis is offered for proposals to mandate the use of a special top level name or an IP address bit to flag "adult" or "unsafe" material or the like. This document explains why these ideas are ill considered from legal, philosophical, and technical points of view: "Besides technical impossibility, such a mandate would be an illegal forcing of speech in some jurisdictions, as well as cause severe linguistic problems for domain or other character string names." more»

Internet Governance: An Antispam Perspective

All those Internet Governance pundits who track ICANN the way paparazzi track Paris Hilton are barking up the wrong tree. They've mistaken the Department of Street Signs for the whole of the state. The real action involves words like rbldnsd, content filtering, and webs of trust. Welcome to the Internet! What's on the menu today? Spam, with some phish on the side! We've got email spam, Usenet spam, IRC spam, IM spam, Jabber spam, Web spam, blogs spam, and spam splogs. And next week we'll have some brand new VoIP spam for you. Now that we're a few years into the Cambrian explosion of messaging protocols, I'd like to present a few observations around a theme and offer some suggestions. more»

Why NAT Isn't As Bad As You Thought

Please do sit down. Should the shock cause you to suddenly lose consciousness, I hereby disclaim all responsibility for any subsequent loss or injury. I'm about to defend the anthrax of the Internet: NAT. Network Address Translation is a hack to enable private IP addresses on one side of a router (inside your network) to talk to public IP addresses on the other side (on the Internet, outside your network). It really doesn't matter how it works. The consequence is that unless the router is specifically configured, outsiders can't get in uninvited. So those on the inside can't, by default, act as servers of any service to the outside world. more»

Does the Internet Need to be Governed?

The term "Internet Governance" has become an area of particular attention in part as a consequence of widespread recognition that the Internet represents an important area of national interest for all countries seeking to participate in the benefits of global electronic commerce, distance learning, access to the encyclopedic wealth of information on the Internet, and in the social dimension that the Internet is creating. From the perspective of governments, the Internet is simultaneously a technology that promises high economic value for parties making use of it and a challenge in that it is unlike all other telecommunications media previously invented. more»

The Beginning of the End of the Internet?

Discrimination, Closed Networks and the Future of Cyberspace... Just over a month ago, Karl Auerbach asked, "Is the Internet Dying?". Today, Commissioner Michael J. Copps, of the Federal Communications Commission (FCC) in a speech at the New America Foundation, is asking the very same question, "Is The Internet As We Know It Dying?" and warning about FCC policies that damaged media now threatening the Internet. more»

Domain Name Theft, Fraud And Regulations

When it comes to domain name disputes, no domain name has captured more media attention than sex.com. Of course, disputes about sex often obtain a great deal of attention, and the sex.com domain name dispute can grab its share of headlines because the case involves sex, theft, declared bankruptcy, a once-thriving Internet porn business, and fraud, instead of the typical cybersquatting allegations. Indeed, this case is remarkable for its potential impact on the development of caselaw concerning whether there is a valid basis to assume that trademark interests should overwhelm all non-commercial interests in the use of domain names. The answer is no, but the caselaw to support that answer is in tension with cases that strongly imply a contrary conclusion. more»

Violet Blue on .XXX

We seem to hear quite a bit from ICM about their .xxx TLD proposal. People who might be interested in the view from the porn community might be interested in Violet Blue's article on the proposal. As you might expect, she is against and sees no real support from the porn world. She does not consider 153K defensive domain registrations as proof of demand. more»

Google AdSense Asks Publishers to Change Their Websites' Privacy Policy

I received an e-mail from Google Adsense about its new interest-based advertising feature. The latest feature of Google AdSense allows Google to track the behavior of users who click on ads on their AdSense network. It also allows Google users to 'select' their interests — this way they would view advertisements based on their category of interest…

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IP Addressing in the New Age of Scarcity

This is the prepared opening statement given on behalf of Depository, Inc. at the panel discussion "IP addressing in the new age of scarcity" in the context of Internet governance and public policy at the Global Internet Governance: Research and Public Policy Challenges for the Next Decade Regional Conference held at the American University School of International Service on Thursday, May 5th, 2011 between 11:00 a.m. to 12:15 p.m. with Prof. Milton Mueller moderating and on the panel as well was John Curran, President and CEO of ARIN and Michael Froomkin, Professor of Law, University of Miami School of Law. more»