Why FOISA Should Never Become Law

In a recent issue of the Wall Street Journal, I noticed an underreported story about an embarrassing glitch that occurred involving the "washpost.com" domain name, which is used by the Washington Post Newspaper Company. Apparently, recently, the domain name stopped working -- no domain name services. This disrupted the flow and access of e-mail at the Washington Post as well as the operations of the washpost.com website.  more»

Domain Owners Lose Privacy

As facts unfold, and the NTIA's decision to take away our privacy comes to light, it is interesting to see the NTIA struggling to explain its decision. Keep in mind that an "as yet to be identified" bureaucrat made this decision to take away your privacy, did it without notice, and without holding hearings. Those affected were not given an opportunity to explain how the loss of privacy would negatively affect them. Quite simply, this is NOT how our government is supposed to work. We should be outraged... more»

Does Online Privacy 'Really' Matter? 'No' According to Consumers

In introducing yet another online privacy bill, Sen. Ernest Hollings (D-S.C.) claimed that "privacy fears are stifling the development and expansion of the Internet as an engine of economic growth." Certainly, surveys consistently show that consumers express concern about Internet privacy. But what do these surveys really prove? If consumers are really concerned about their online privacy, their behavior doesn't show it. Here's why... more»

dotMP Goes Mobile, Limits Access to WHOIS Data

The fact that the market for mobile phones that provide Internet access (aka "smart phones") is predicted to increase during the next several years, with global shipments growing to an impressive nearly 125 million units in 2009, means the competition for bridging mobile content and mobile phone use is likely to be keen. Indeed, dotMP already must face competition for registry services that will target mobile phone users. A few of the biggest names in information technology and mobile communications -- led by Nokia and including Microsoft, Vodafone, HP, Orange, Samsung and Sun Microsystems are planning to wedge into the Top-level Domain name space (TLD) by supporting a new TLD registry for mobile web content focused on web pages built specifically for access by mobile devices like smart phones and handheld computers or Personal Digital Assistants (PDAs)... what may set dotMP apart from the technology giants led by Nokia, is a significant value added benefit to its domain name registration services...it will protect the privacy of its registrants.  more»

CIRA Proposes New Standard for Domain Name Whois Privacy

The Canadian Internet Registration Authority (CIRA) has announced its proposed policy to provide all dot-ca domain name holders with increased privacy safeguards, bringing it in line with recently-enacted Canadian privacy laws. more»

A Balkanized Internet Future?

Joi Ito has an important post [also featured on CircleID] on how the internet is in danger of becoming balkanized into separate "internets". He's not the only person who's concerned. Greg Walton worries about Regime Change on the Internet. My friend Tim Wu, a law professor specializing in international trade and intellectual property, has written an article for Slate: The Filtered Future: China's bid to divide the Internet... more»

Using Whois to Enforce Law?

Before starting I'd like to remind you that there are two distinct Whois systems -- the one for IP address delegations and one for DNS registrations. I believe that the former is a useful system in which there are clear utility values that outweigh the privacy costs, and in which the person whose privacy is exposed has made a knowing choice. I do not believe that these arguments apply to the latter, the DNS, form of Whois. 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»

Lobbying for Whois Privacy

Today a letter was submitted to the President of ICANN, Paul Twomey, at the ICANN Carthage meeting, "asking him to ensure that strong privacy safeguards, based on internationally accepted standards, are established for the WHOIS database." Latest reports indicated that the draft letter had been signed by about 50 nonprofit groups and represented 21 countries on six continents. "Signers of the letter included the American Library Association, the U.S. Association for Computing Machinery, the Australian Council for Civil Liberties, Electronic Frontier Finland, Privacy Ukraine, and the United Kingdom's Foundation for Information Policy Research." more»

3rd Lawsuit Against VeriSign; Seeks Class Action Status

A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more»

ICANN's First Official Report on Whois Data Problems

ICANN has submitted the first report of what will be a series of annual reports summarizing its "expierince" with the Whois Data problems and inaccuracies. While emphasizing that "ICANN-accredited registrars are obligated by the terms of their accreditation agreements to investigate and correct any reported inaccuracies," the report provides the following conclusions: more»

Privacy Matters: Is It Time To Abolish The WHOIS Database?

Recently, I entered my domain name in a "WHOIS" database query to test the results of the database by using WHOIS on a number of domain name registrar websites. WHOIS is a database service that allows Internet users to look up a number of matters associated with domain names, including the full name of the owner of a domain name, the name of the domain name hosting service, the Internet Protocol or I.P. number(s) corresponding to the domain name, as well as personally identifying information on those who have registered domain names. I was astonished to find... more»

Comments to ICANN's Whois TF3

My general impression of the Task Force 3 (TF3) output was that it was a prettified way of accusing the community of internet users as being cheats and liars and demanding that the costs of trademark enforcement be offloaded from the trademark owners onto the backs of domain name registrants and the DNS registration industry. (It is amazing how often the trademark industry forgets that the purpose of trademarks is to protect the consumer's right and ability to identify goods and services and to distinguish such goods and services from one another.. The trademark industry forgets that trademarks are intended to benefit the customer, not the seller, and that any benefit to the seller is merely incidental.) more»

ICANN Montreal: Real-Time Thoughts During the WHOIS Meeting - 2nd Session

John LoGalbo - a "law enforcement" type - is complaining how long it takes him to issue a subpoena. My thought is this: Why should our privacy suffer because his organization can't get its procedural act together?

I am incensed - he is simply stating a conclusion that his targets are "criminals" and that, to go after them, he wants to throw away all legal processes and procedures - so much for the fourth, fifth, sixth, and fourteenth amendments. more»

Conflict of Opinion

If a UDRP panelist believes domainers are the same thing as cybersquatters, is he fit to arbitrate? I came across an editorial on CNET today by Doug Isenberg, an attorney in Atlanta and founder of GigaLaw.com, and a domain name panelist for the World Intellectual Property Organization. The guest editorial focuses on Whois privacy and why it's imperative to maintain open access to registrant data for intellectual property and legal purposes. That's a common opinion I've read a million times. Nothing groundbreaking there. But then I was shocked to read that Isenberg generalizes domainers as cybersquatters: "Today, cybersquatters have rebranded themselves as 'domainers.' Popular blogs and news sites track their activities..." more»