Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more
A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more
Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more
What happens to companies when they get too big for their own good? Do they inadvertently do things that potentially harm our privacy (think Facebook)? Or, do they simply make mistakes that violate our privacy? Well, last month Google revealed that its Street View cars "mistakenly" captured content flowing over wireless networks -- a potential invasion of privacy. more
The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held that the transmission of "commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters" does not violate California's spam statute. more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
Introduced by ranking Senate members of the Homeland Security and Governmental Affairs Committee, the Protecting Cyberspace as a National Asset Act of 2010, S.3480 is intended to create an Office of Cyber Policy in the executive branch of the government, confirmed by the Senate and ultimately reporting to the president. Senators Joe Lieberman, Blanche Lincoln and Tom Carper introduced the bill publicly on June 10, and a critical part of the bill is that critical infrastructure networks such as electricity grids, financial systems and telecommunications networks need to cooperate with the Office of Cyber Policy. more
A federal court granted a request for attorney's fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet. I thought things were looking good for Asis - whose lawsuits have generated substantial blog fodder - when it recently obtained a 2.5 million dollar default judgment in a spam case. more
A recent decision from a federal district court addresses an issue I hadn't seen before: whether searching malware on the suspect's computer was outside the scope of the search warrant issued for that computer. It seems a narrow issue, and unfortunately the opinion issued in the case doesn't tell us a whole lot about what happened; but I thought the issue was worth writing about, if only to note that it arose. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
Brian Krebs reporting on the Krebs on Security blog: "The FBI's top anti-cyber crime official today said the agency is planning a law enforcement action against so-called 'money mules,' individuals willingly or unwittingly roped into helping organized computer crooks launder money stolen through online banking fraud." more
Gary Warner over at Cyber Crime and Doing Time has a good post up this week about the CallService.biz website being shut down. I have posted a few good excerpts and added my comments to the end. ... Warner's take on the world of spam, malware, hacking and phishing is that unless people actually go to jail because they are spamming, the problem of spamming will never get better. That's because when the security industry fixes the latest hole or comes up with a new technology to stop the newest threat, spammers simply move onto another. more
Earlier this year Okpako Mike Diamreyan was found guilty of wire fraud. The district court recently denied his motion for judgment of acquittal. Diamreyan "was charged with devising a scheme to defraud known as an 'advance fee.'" As the court describes it, this is a "scam . . . where a person asks an individual to pay an advance fee in order to obtain a larger sum of money, which the individual [victim] never receives." ... Two things about the case struck me... more
Bennett Haselton, who runs the Peacefire anti-censorship site, is one of the more successful anti-spam litigants. He says he's filed about 140 suits, mostly in small claims court, and has won the majority of the suits that got far enough to be decided on the merits. But last month, in Federal court in Seattle, he lost a suit against Quicken Loans that he should have won, partly because of his own mistakes, but largely because of the pernicious effect of Gordon vs. Virtumundo. more
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