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»

EURid Suspends More Domains

EURid, the entity charged with managing the .eu namespace, is reported to have taken action against an alleged cybersquatter based in China, Zheng Qingying... The last suspension "en masse" was directed against Ovidio when over 74 thousand domains were suspended. This time round the number is much lower -- a paltry ten thousand! In this instance there seems to have been a pattern of cybersquatting, with over a dozen ADR proceedings against the registrant in question. more»

iREIT Drops TM-Typo Domains?

As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... 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»

The Globe on Terror Goes Digital

The Globe and Mail published an embarrassing feature story on the weekend focusing on terror groups' use of the Internet and a "Canadian connection." A story on terror group use of the Internet would have made for an interesting (albeit unoriginal) story, so it appears that the Globe tried to generate greater interest in the story by adding a Canadian connection. The article begins with "Welcome to Yarmouth, Nova Scotia - pivotal battleground in the global jihad."... more»

Another Whois-Privacy Stalemate

The report of the Whois Working Group was published today. The Working Group could not achieve agreement on how to reconcile privacy and data protection rights with the interests of intellectual property holders and law enforcement agencies. So the Working Group Chair redefined the meaning of "agreement." See the full story at the Internet Governance Project site. more»

EU NameSpace is Dead?

The European Union's .eu Top-Level Domain (TLD) sunrise and landrush has probably been discussed to death, but what is the landscape like over a year later? A lot of industry insiders were right to express their doubts about the stability of .eu following on from the high profile squats that have been discussed here at length. Of course any discussion on a new TLD would have to wait until after the first wave of renewals. That happened in April, so now, in July, it's a good as time to take stock of the situation... more»

Boobtube.com Shenanigan: Domain Name Exchanges Open to Market Manipulation?

VentureBeat is running a story by Mark Coker, going over the recent boobtube.com auction and its eventual cancellation due to misrepresentation of ownership. Mark writes: "Sedo, the world’s largest domain name auctioneer, sold a popular URL, Boobtube.com, for $41,688 last week, but then turned around and canceled the sale because the seller didn’t really own it." The author, who was also one of the boobtube.com auction bidders, questions the maturity and trustworthiness of the domain name exchanges, which are currently handling several hundred million dollars of trades. more»

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more»