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Whois Privacy vs. Anonymity

The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity. more»

Summary Judgment Denied in a Case of Creative Typosquatting

In the case of Lands' End, Inc. v. Remy, the defendant website owners were accused of crafting a clever scheme to get some extra commissions from their affiliate relationship with landsend.com. It looks like the scheme has backfired, however, as Lands' End's claim against the defendants under the Anticybersquatting Consumer Protection Act, [15 U.S.C. §1125(d)] ("ACPA") has survived a summary judgment motion and the case is heading for trial. more»

A Fairness 'Scorecard' for Trademark Protection Under the New gTLDs

In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more»

Introductory Remarks from Innovation '08

Here's my opening remarks from Media Access Project's Innovation '08 in Santa Clara this morning. A DVD will be available shortly. This was a lively discussion, with Google and Vuze on the case. Good morning and welcome. My name is Richard Bennett and I'm a network engineer. I've built networking products for 30 years and contributed to a dozen networking standards, including Ethernet and Wi-Fi... I'm opposed to net neutrality regulations because they foreclose some engineering options that we're going to need for the Internet to become the one true general-purpose network that links all of us to each other, connects all our devices to all our information, and makes the world a better place. Let me explain. more»

ISPs Are Not Broadcasters, Says Supreme Court of Canada

The Supreme Court of Canada has ruled that Internet providers are not broadcasters for the purposes of the Broadcasting Act when they simply transmit content to subscribers, reports Michael Geist. The court noted... more»

The Closing Window: A Historical Analysis of Domain Tasting

I wrote this history and analysis of domain tasting for the ICANN Business Constituency membership. It's by no means perfect but I thought I'd share it with those who would like a bit more color on the subject. "Present day 'Domain Tasting' has its roots in 2001 and 2002 when a small group of ambitious domain registrants persuaded two registrars to allow them to register large blocks of domain names for the purpose of establishing which names garnered type-in traffic..." more»

OpenDNS: It's Not SiteFinder for Obvious Reasons

The first salvo on NANOG this morning in response to the launch of OpenDNS was a predictable lambasting along the lines of "here comes SiteFinder II". Fortunately the follow-ups were quick to point out that OpenDNS was a far cry from SiteFinder for the obvious reason that people have the choice to use it, nobody had a choice with SiteFinder. ...the real magic here can come from it's use in phishing mitigation. 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»

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more»

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»

Report on Reaction to Zuccarini's Arrest

On September 3, 2003, United States federal law enforcement officers arrested the notorious John Zuccarini accused of allegedly creating misleading domain names to deceive children and direct them to pornographic websites. Zuccarini's arrest is the first to be made under the Truth in Domain Names Act, which took effect earlier this year prohibiting people from creating misleading domain names as a means to deceive children into viewing content that's harmful to minors, or tricking adults into clicking on obscene websites. What follows is a collection of commentaries made by experts in response to this event...
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Domain Name Typosquatter Still Generating Millions

Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more»

New York Passing New Domain Name Law

In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more»

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more»

Your Trademark Sucks.com

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more»

Industry Updates

Afilias Says "No" to SOPA

Minds + Machines to Announce New .brand gTLD Pricing at INTA

.CO Recognized Alongside Industry Giants in Trademark Industry Awards

Verisign and Coalition for ICANN Transparency, Inc. ("CFIT") Resolve Litigation

MarkMonitor to Co-Chair International Anti-Counterfeiting Coalition Spring Conference

Q4 2010 Fraud Intelligence Report

AusRegistry Int. and Crowell & Moring Join Forces to Support New Top-Level Domain Applicants

MarkMonitor Report: How Scammers Generate Significant Traffic Promoting Suspected Counterfeit Goods

Report Sheds Light on Scale and Complexity of Online Piracy and Counterfeiting Problem

Acquisition Extends Anti-Piracy Capabilities for Digital Content

How Targeting Luxury Brands Online Results in Significant Traffic for Online Scammers

MarkMonitor to Highlight Importance of Cross-Functional Approach to Brand Protection

MarkMonitor to Participate in the International Trademark Association's Annual Meeting

MarkMonitor Year in Review Report: How Escalating Online Brand Abuse is Used to Monetize Web Traffic

MarkMonitor Sets New Standard in Brand Protection with Site Staydown Service