Cybercrime

Time to Play Offense

The United States is under cyber-attack. An article in Time magazine titled "The Invasion of the Chinese Cyberspies" discusses a computer-network security official for Sandia National Laboratories who had been "tirelessly pursuing a group of suspected Chinese cyberspies all over the world." The article notes that the cyberespionage ring, known to US investigators as Titan Rain, has been "penetrating secure computer networks at the country's most sensitive military bases, defense contractors and aerospace companies." more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more

So You Think You’re Safe from DNS Cache Poisoning?

Everyone is probably well aware of the Kashpureff-style DNS cache- poisoning exploit (I'll call this "classic cache poisoning"). For reference, see the original US-CERT advisory prompted by this exploit. Vendors patched their code to appropriately scrub (validate) responses so that caches could not be poisoned. For the next 7-8 years, we didn't hear much about cache poisoning. However, there was still a vulnerability lurking in the code, directly related to cache poisoning. ...On April 7, 2005, the SANS ISC (not to be confused with Internet Systems Consortium) posted an update detailing how Microsoft Windows DNS servers were still being poisoned, even though the "Secure cache against pollution" option was set. The SANS ISC found that Windows DNS servers using BIND4 and BIND8 servers as forwarders were being poisoned. But how could this be? more

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA

A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant.  more

Mozilla Implements TLD Whitelist for Firefox in Response to IDN Homographs Spoofing

Mozilla Foundation has announced changes to Firefox concerning Internationalized Domain Names (IDN) to deal with homograph spoofing attacks. According to the organization, "Mozilla Foundation products now only display IDNs in a whitelist of TLDs, which have policies stating what characters are permitted, and procedures for making sure that no homographic domains are registered to two different entities." Following is a statement explaining the current status of the Mozilla changes to Firefox regarding IDN... more

Sitting Around the Domain Table

I went to Domain Roundtable with some reservations. I was excited about meeting other domain portfolio holders, but I wasn't sure what to expect from the ICANN and Verisign people there, the corporate intellectual property people, and the corporate attorneys. I was pleasantly surprised by everyone I met. more

New Study Revealing Behind the Scenes of Phishing Attacks

The following is an overview of the recent Honeynet Project and Research Alliance study called 'Know your Enemy:Phishing' aimed at discovering practical information on the practice of phishing. This study focuses on real world incidents based on data captured and analyzed from the UK and German Honeynet Project revealing how attackers build and use their infrastructure for Phishing based attacks. "This data has helped us to understand how phishers typically behave and some of the methods they employ to lure and trick their victims. We have learned that phishing attacks can occur very rapidly, with only limited elapsed time between the initial system intrusion and a phishing web site going online..." more

Morgan Freeman Wins Transfer of morganfreeman.com from Cybersquatter

Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more

ACPA Applies to Noncommercial Use of Domain Name

A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... more