Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants - hundreds of thousands of Canadians - by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
In June 2004, Yahoo! and a number of other companies got together to announce the Anti-Spam Technical Alliance or ASTA. While it appears to have been largely silent since then, ASTA did at least publish an initial set of best practices the widespread adoption of which could possibly have had some impact on spam... The majority of these are clearly aimed at ISPs and end users, but some are either generally or specifically relevant to email providers such as Yahoo!, Google or Microsoft... The problem: Since February this year, we have been receiving a significant quantity of spam emails from Yahoo!'s servers. In addition to their transport via the Yahoo! network, all originate from email addresses in yahoo.com, yahoo.co.uk and one or two other Yahoo! domains. Every such message bears a Yahoo! DomainKeys signature... more
Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
Domain Pulse, the yearly get-together of the German-speaking registries of nic.at (Austria), Denic (Germany) and SWITCH (Switzerland) is happening on February 21 and 22 in Vienna. The conference alternates between the countries -- last year it was Switzerland, this year Austria and next year Germany... Domain Pulse covers everything in the domain name arena from management of the DNS, what's happening in each of the ccTLDs, after market and domaining, security threats to the DNS and internet as well as wider issues affecting the internet's development such as internet governance. more
Ever been prosecuted for tracking spam? Running a traceroute? Doing a zone transfer? Asking a public internet server for public information that it is configured to provide upon demand? No? Well, David Ritz has. And amazingly, he lost the case. Here are just a few of the gems that the court has the audacity to call "conclusions of law." Read them while you go donate to David's legal defense fund... more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
Following a post on the DomainState forum today, a number news and blogs have criticized Network Solutions for front running domain names that customers try to register. (See for instance today's report on DomainNameNews). Jonathon Nevett, Vice President of Policy at Network Solutions, has offered the following in response to the news break... more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
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