New Book Released: International Domain Name Law, ICANN and the UDRP

A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more»

Internet Governance: The Issue, The Myths, The Problems, The Solutions

I have written a short paper on the topic of Internet Governance. Since it includes a number of resources, it would be easier for me to just point to a link with the document itself. Below are some selected excerpts from the document. "Several myths have been spreading around the World Summit on the Information Society (WSIS), but especially after the first Internet Governance Forum (IGF): The critical Internet resources (CIR) consist only of the IP addresses and the domain name system... There are only 13 root servers..." more»

An Internet Security Operations Viewpoint of IGF

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»

Whois: If You Want Privacy, Pay For It

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»

Change of Leadership at ICANN as Cerf Makes Way for Intellectual Property Expert

Intellectual property and computer law barrister Peter Dengate-Thrush has been elected as new Chairman of the Board of the Internet Corporation for Assigned Names and Numbers (ICANN). The former chairman of InternetNZ, the country-code top-level domain (ccTLD) registry for New Zealand (.nz), and cofounder of the Association of Asian Pacific ccTLDs, succeeds the legendary Vinton Cerf... more»

WHOIS Redux: Demand Privacy in Domain Name Registration

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»

What Did the Bush Admin Promise the Telco's in Early 2001?

I have a hypothesis: The Bush administration came to power in December 2000. American telcos were on the precipice about to go into Free fall. We have seen how Bush politicized the Justice Department and are much more aware thanks to John Dean's Broken Government and Charlie Savage's Take Over of the intense desire to aggregate executive power to feed the Addingtons belief in the Unitary Executive. We now know that Cheney was meeting with the energy industry in early 2001 promising them whatever they wanted. We may begin to ask what the domestic telecoms industry was being promised? more»

Defendants Convicted in 1st Criminal CAN-SPAM Trial

In what seems to be the 1st criminal trial under CAN-SPAM, the defendants were convicted in June on a variety of counts. The court rejected defendants' motion for acquittal or new trial. Defendants challenged the conviction in the trial court (where proceedings are ongoing) and the court issued an order rejecting that challenge. It's tough to figure out what's earthshattering about the case. After reading the court's reasonably detailed opinion recounting the evidence, you're left with the feeling that the government did a thorough job in assembling evidence, and defendants engaged in a variety of questionable conduct. Put these two together (and the fact that cooperating defendants testified), and the conviction does not seem surprising. more»

More on WHOIS Privacy

Last week I wrote a note the ICANN WHOIS privacy battle, and why nothing's likely to change any time soon. Like many of my articles, it is mirrored at CircleID, where some of the commenters missed the point. One person noted that info about car registrations, to which I roughly likened WHOIS, are usually available only to law enforcement, and that corporations can often be registered in the name of a proxy, so why can't WHOIS do the same thing? more»

If WHOIS Privacy is a Good Idea, Why is it Going Nowhere?

ICANN has been wrangling about WHOIS privacy for years. Last week, yet another WHOIS working group ended without making any progress. What's the problem? Actually, there are two: one is that WHOIS privacy is not necessarily all it's cracked up to be, and the other is that so far, nothing in the debate has given any of the parties any incentive to come to agreement. The current ICANN rules for WHOIS say, approximately, that each time you register a domain in a gTLD (the domains that ICANN manages), you are supposed to provide contact information... WHOIS data is public, and despite unenforceable rules to the contrary, it is routinely scraped... more»