Battling Over Clouds

More than 40 years ago, the FCC was worried about telephone companies using their power over communications to control the then-nascent (and competitive) data processing marketplace. The Bell System at that point was already banned from providing services that weren't common carriage communications services (or "incidental to" those communications services)... In a 1999 article in the Texas Law Review, Steve Bickerstaff pointed out that Computer 1 meant that no one could provide a "computer utility" service... Today, we'd call the "computer utility" something different -- we'd use the term "cloud computing." more»

Domain Names Users vs Domain Names Registrants

Antony Van Couvering from names@work writes that ICANN's constituencies are a "bad idea". While I am not sure to agree with him on the general principle, he makes some interesting remarks. Among others, he points out that the Generic Names Supporting Organization (GNSO) includes groups that seem to be redundant (the Business and Intellectual Property constituencies) and others like domainers which are not represented in the ICANN arena, yet are an integral part of the domain name business... more»

Storm Warning for Cloud Computing: More Like a Miasma

The approach is growing in popularity, and Google, Microsoft and Amazon are among the many large companies working on ways to attract users to their offerings, with Google Apps, Microsoft's Live Mesh and Amazon S3 all signing up customers as they try to figure out what works and what can turn a profit... In the real world national borders, commercial rivalries and political imperatives all come into play... The issue was recently highlighted by reports that the Canadian government has a policy of not allowing public sector IT projects to use US-based hosting services because of concerns over data protection. more»

Domain Pulse 2008: Internet Governance the Focus of Day One

Around 350 attendees came from Russia in the east to Ireland in the west, as well as a few people from elsewhere around the globe, to attend Domain Pulse 2008 in Vienna on February 21 and 22. Day one's focus was internet governance. The future of the DNS was one of the key issues addressed by Michael Nelson of Georgetown University in Washington DC, with domain names becoming less important, but their numbers still increasing, as online access by a myriad of devices skyrockets connect -- everything from the television, refrigerator, washing machine, pets, sprinkler systems and cars. more»

CALEA Roundup: 2005-2007

The wrangling around the Communications Assistance to Law Enforcement Act (CALEA) is one of those issues that creeps inexorably forward and is hard to follow unless you're really focusing. So here is a quick, if longish, overview: CALEA is a 1994 statute that requires telephone companies to design their services so that they are easily tappable by law enforcement in need of "call-identifying information." Back in August 2005, following a request from the Dept. of Justice, the Commission moved swiftly to impose CALEA obligations on providers of broadband access services and "interconnected VoIP" services... more»

Domain Names Can't Be Trespassed: Utube.com v. YouTube

Boy, this case got a lot of attention when it was first filed (which isn't surprising; YouTube lawsuits usually do). You may remember the story: the plaintiff is a dealer of used tube mills, used pipe mills and used pollforming machines. The plaintiff operated a website at utube.com. As you might expect, like most other industrial B2B vendors' websites, utube.com had a small but targeted audience. With the phenomenal and quick rise in popularity of YouTube, a lot of web users mistyped youtube.com and entered utube.com instead, causing utube.com to suddenly experience disproportionate popularity. Unfortunately for the plaintiff, few of these visitors were interested in pollforming machines... The plaintiff sued YouTube for trademark infringement... more»

Oklahoma Spammer Fighter Loses Even Worse

Last December I wrote about Mark Mumma, who runs a small web hosting company in Oklahoma City and his battle with Omega World Travel a/k/a cruise.com. Mumma lost his CAN SPAM suit agains them in December, but Omega's countersuit for defamation went to trial last week, and I hear that the jury awarded Omega $2.5 million in damages, which Mumma is not likely to be able to pay. This may be painted in some circles as a huge defeat for anti-spam activists, but it's not... 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»

Abusive Anti-Anti-Spam Scheme a Dreadful Strategy

A new company called Blue Security purports to have an innovative approach to getting rid of spam. I don't think much of it. As I said to an Associated Press reporter: "It's the worst kind of vigilante approach," said John Levine, a board member with the Coalition Against Unsolicited Commercial E-mail. "Deliberate attacks against people's Web sites are illegal." more»

10 Things Google Could Do as a Domain Name Registrar

In the absence of any formal announcements, news of Google being accredited by ICANN as a domain name registrar, spread fast in the media today after it was first reported by Bret Fausett on Lextext -- see Google is a Registrar. The company has since mentioned that "Google became a domain name registrar to learn more about the Internet's domain name system," and that it has no plans to sell any domain names at the moment. However, speculations on what Google could do as an accredited registrar are far and wide. Here are ten, listed in no particular order... more»