[DNS] domain name news - 30 April

[DNS] domain name news - 30 April

From: David Goldstein <goldstein_david§yahoo.com.au>
Date: Wed, 2 May 2007 22:45:33 -0700 (PDT)
Highlights of the most recent news available online now at http://auda.org.au/domain-news/:
'Brandjacking' on the Web | MarkMonitor: More than a quarter-million cybersquatting attacks in first quarter of 2007 | Lockheed Martin Corporation loses domain case against cannabis site ukskunkworks.co.uk | Nigeria moves closer to hosting Internet address | Loyalty for .uk domains | London eyes its own net domain | Why the Fiji Islands need to be part of ICAAN: Interview with Savenaca Vocea | New Russian Law Deals with WHOIS data by Veni Markovski | 500,000 .mobi domains registered | ICANN lowers Registrar Transaction Fee | VeriSign Reports First Quarter 2007 Results (news release) | ICANN Internationalized Domain Names - Glossary | ICANN Nominating Committee Extends Deadline for Statements of Interest to 18 May 2007

There's also an RSS feed! And see my website - http://technewsreview.com.au/ - for regular updates in between postings.

The domain name news is supported by auDA.


ICANN releases toolkit for handling new TLDs (IDG)

RegisterFly swatted by federal court

Court Decision Allows Imminent Termination of RegisterFly

ICANN Publishes Fourth Annual Update on the InterNIC Whois Data Problem Report System and Announces Whois Data Accuracy and Availability Audits

ICANN Opens Public Comment Period on ICANN Fee Amendment from .TEL

GNSO Committee on the Introduction of New TLDs survey

Experts: US Not Prepared for Cyber Attack

Internet Governance: Exploring the Development Link by Howard Williams (World Bank - Geneva; Communications & Strategies)
Abstract: This paper seeks to explore the issues of Internet governance from a development perspective. The WSIS process and the report of the UN Working group on Internet Governance provide an initial framework within which to develop the issues. These issues not only concern the equitable distribution of Internet resources and the ways in which a secure and reliable function of the Internet can be achieved, but also include issues of multi-lingualism and local content as well as the institutional setting of Internet governance mechanisms and participation. The paper observers that realising the contribution of the Internet to development goals requires a shift in policy focus away from supply side initiatives in the telecommunications sector to more co-ordinated approaches.

Geographic Implications of DNS Infrastructure Distribution by Steve Gibbard (Packet Clearing House)
The most critical part of the DNS is the collection of Root Servers. For protocol reasons, there are only 13 "logical" root servers, but a system of more than 100 servers has been deployed using a technique known as anycast. Steve Gibbard examines the distribution of the root servers in different parts of the world and discusses operational aspects of the DNS.

Who Owns 'Hillary.Com'? Political Speech and the First Amendment in Cyberspace by Jacqueline D. Lipton
Abstract: In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the DNS? Although, for example, Senator Hillary Clinton now owns 'hillaryclinton.com', the more generic 'hillary.com' is registered to a software firm, Hillary Software, Inc. What about 'hillary2008.com'? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain name law and policy as to domain name use in the political context. Current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters'. It does not deal with protecting important uses of domain names as part of the political process. This article identifies the current problems
 with Internet domain name policy in the political context and makes recommendations for developing clearer guidelines for uses of political domain names. In so doing, it creates a new categorization system for different problems confronting the political process in cyberspace, including: (a) socially and economically wasteful political 'cybersquatting'; (b) politicial 'cyberfraud' which might involve conduct such as registering a politician's name as a domain name to promulgate a misleading message about the politician; and, (c) competition between politicians' names and competing trademark interests.

False Categories in Commercial Law: The (Ir)Relevance of (In)Tangibility by Juliet M. Moringiello (Widener University - School of Law)
Abstract: This paper explores the problems caused by commercial law's fealty, in the creditors' remedies area, to the notion of tangibility, and suggests that courts and other lawmaking bodies look to general property principles in fashioning rules to govern electronic assets. The article analyzes recent judicial decisions and legislative enactments dealing with electronic assets and identifies some common mistakes that lawmaking institutions make in dealing with these new types of assets. The article concludes by analyzing some older decisions in which courts were forced to refine the concept of possession to account for new types of assets and suggests that courts dealing with electronic assets look to these, and not necessarily to other cases dealing with intangibles, in fashioning rules to govern electronic assets.

Tempest in a Teapot or Tidal Wave? Cybersquatting Remedies Run Amok by H. Brian Holland (Barry University School of Law)
Abstract: This article describes this conflict between claims of appropriated rights in the newly created territory of the Internet and the mapping of rights conferred by existing territorially based trademark systems onto Internet space; attempts to situate cybersquatting and its remedies among trademark principles; and argues that cybersquatting remedial systems, and in particular the UDRP, have lost touch with the basic principles upon which they were constructed.

The Battle for Mindshare: The Emerging Consensus that the First Amendment Protects Corporate Criticism and Parody on the Internet by Hannibal Travis (Virginia Journal of Law and Technology)
Abstract: This article describes the development of trademark liability for engaging in corporate criticism or parody on the Internet, and the emerging judicial consensus that imposing liability on this form of political speech violates the First Amendment rights of Internet users. The article begins by analyzing the expansion of trademark rights from a method of protecting merchants against counterfeiting into a broad-ranging tort against any invasion of consumers' good feelings towards a business or its products. Courts and Congress made this expansion possible by eroding the requirement of commercial competition as a prerequisite to trademark liability, and by crafting sometimes overbroad rules against creating initial interest confusion, establishing negative associations with a trademark, or cybersquatting on a domain name similar to a mark. Fortunately, the federal appellate courts are making it increasingly clear that the First Amendment shields Internet speech
 devoted to criticizing or making fun of corporations from censorship under trademark law. The author argues that this emerging consensus is consistent with the principal normative justifications for trademark rights as a means of preserving valuable property interests and promoting economic efficiency. Finally, he contends that trademark rights should be restricted to policing commercial competition, rather than non-commercial Internet speech. This limitation is essential if consumers are to preserve their autonomy in light of the pervasive influence of advertising, and their ability to participate fully in a democratic society in light of the considerable power of the business world.

ICANN releases toolkit for handling new TLDs (IDG)
ICANN has released a toolkit for Web site designers and application developers to fix problems caused by recently added Internet addresses. Some Web sites and applications are rejecting addresses ending in newer Top-Level Domains such as ".mobi" or ".info," causing inconvenience for users, ICANN said. ICANN's toolkit includes a piece of code that fixes the problem by allowing applications to check the validity of an e-mail address or Web site against the "root-zone," a master list where Web sites with certain TLDs can be looked up. That look-up translates the URL of a Web site from words into a numerical address that allows the page to be called up by a browser.

Making Sure New Top-Level Domains Work
ICANN has released a new ?toolkit? for website designers and software application developers so that new TLDs created since 2001 are recognised in software and online applications. ... ?This choice is a good thing but some users of these new domains have had problems using e-commerce and other websites that don?t recognise some new TLDs. That means email and website addresses from some of these TLDs get rejected as invalid,? Kim Davies said. ?The toolkit helps fix that problem for Internet users by making sure software developers and application providers have the most up-to-date information about the Internet?s DNS,? added Davies.

RegisterFly swatted by federal court
ICANN revealed US District Court Judge Manuel Real has issued a preliminary injunction in its favor allowing for the immediate termination of its Registrar Accreditation Agreement (RAA) with dysfunctional registrar RegisterFly.

Court Decision Allows Imminent Termination of RegisterFly
Under a preliminary injunction issued yesterday by US Federal Court Judge, Manuel J. Real, ICANN now has the right to terminate RegisterFly?s accreditation as soon as possible. The provision to ICANN of current and accurate data for all of RegisterFly?s domain names has also been ordered by the Court as RegisterFly failed to meet the conditions of a temporary restraining order which the Court issued on April 16, 2007.

ICANN Publishes Fourth Annual Update on the InterNIC Whois Data Problem Report System and Announces Whois Data Accuracy and Availability Audits
ICANN recently launched a new program to address Whois related compliance issues. The program includes an annual Whois data accuracy audit, ongoing monitoring of registrars? Whois servers for functionality, and the annual publication of a statistical summary of information gathered from the Whois Data Problem Report System (WDPRS). This new program is designed to better pursue Whois compliance by gTLD registrars and improve Whois accuracy. The information describes existing ICANN efforts to address Whois issues; the purpose of the new program; detailed descriptions of the Whois audits that ICANN will commence over the course of calendar year 2007; and a detailed summary of WDPRS statistics for 2006. ICANN invites comments regarding this program as it continues to consider ways in which Whois-related compliance matters can be better addressed going forward.

ICANN Opens Public Comment Period on ICANN Fee Amendment from .TEL
On 13/4/07, ICANN received a communication from Telnic requesting an amendment to the .TEL registry agreement. Telnic has suggested language identical to the pricing terms in the 13 March 2007 amended .MOBI Registry Agreement. The amendment language created a fee cap of $0.75 per transaction. If approved by the ICANN Board, the amendment would change the amount of fees paid by Telnic to ICANN.

GNSO Committee on the Introduction of New TLDs survey
The GNSO?s Committee on the Introduction of New TLDs has formed a working group to examine a variety of issues surrounding the protection of the rights of others (PRO-WG). Members of the PRO-WG have assembled a questionnaire to assist them in gathering facts and opinions regarding two of the PRO-WG principal tasks. To complete the questionnaire, see:

Hints for the WHOIS' data structure (news release)
ICANN prescribes, that the registrar has to publish at the owner or registrant?s data the data of a person. ICANN has concluded, that this solution is necessary, as the Admin-C is nowadays in many cases not a representative of the company, which owns the domain, but a foreign person belonging to a web design office, provider or registrar. If we would follow the policy of ICANN, the ownership is not univocal anymore. A German judge for example could say, that not the company, but the person is the owner of the domain, because the person is listed as ?owner? or ?registrant? and the company as ?organization? at the whois of many registries.

Experts: US Not Prepared for Cyber Attack
The United States is vulnerable to a "strategically crippling cyber attack" by enemies around the world, experts told Congress yesterday. Testifying before the House Committee on Homeland Security, high-profile experts said the federal government's cyber defenses have become dated and may leave the country open to an attack -- "not by a conventional weapon, but by a cyber weapon." ... The agency is working with private industry to shore up the defenses of the DNS, which was attacked earlier this year, and it is building test beds to allow deeper research into emerging Internet vulnerabilities and testing of new security technologies, he said.

The secret opportunity of targeted domain traffic
Tom McDonald comments on how Google and Yahoo! prefer not to have domainers as clients, but they do want their traffic through one of the aggregators, such as for example DomainSponsor, NameDrive, Parked.com, or Sedo.

Why are .Biz Domain Prices Increasing? NeuStar?s rational for increasing prices: Everyone else is doing it.
.Biz registry NeuStar is raising wholesale prices 7% to $6.42. NeuStar?s rationalization for raising prices has nothing to do with increased security or management costs. Instead, NeuStar basically said ?everyone else is doing it, so we?re going to do it too.?

Domain Name Gambling Auction Could Be Biggest Yet: Silent auction next month may eclipse $10M?with one domain.
Moniker?s live domain name auctions have been the talk of the domain name industry over the past year. The company, in conjunction with TRAFFIC and other conferences, has sold big ticket domains including Cameras.com for $1.5M and Families.com for $650,000.

Sedo Domain Name Auctions Grab Attention
Sedo is positioning itself for some big domain name sales over the next week, including Rex.com, which is currently at $395,000 with one bidder. A sale is never a sale until the domain is transfered and money is in the bank, but I imagine Sedo would have removed this bid by now if it wasn?t from a legitimate buyer. Rex.com will be one of the top 5 sales of the year thus far if the sale goes through, and the biggest ever on Sedo?s auction platform.

Web Hosting Interview - The Go Daddy Group, Bob Parsons, CEO and Founder of GoDaddy.com
The Bob Parsons Interview - There has been a lot of water under the bridge since our last interview with Bob Parsons; the fact that it was only last year goes to show how much GoDaddy.com has been in the spotlight lately ? it seems much longer! It has been a year of achievements for GoDaddy.com, not least introducing a new word into general usage with their ?GoDaddyEsque? Superbowl commercials that helped make the company a household name. Bob Parsons talks to us about the highlights of the year, the future, and the ongoing ICANN/VeriSign issue.

cn: This is definitely not Rupert Murdoch's MySpace
A beta version of News Corp.'s MySpace community site was launched this week in China, but users must be careful when typing the Chinese site's URL or may end up shopping for patio furniture. MySpace China's Web site can be found at http://www.myspace.cn. But users who type the address http://www.myspace.com.cn in their browsers will instead find themselves visiting the Web site of Zhejiang Yong Qiang Group, a company that specializes in outdoor furniture and accessories, such as reusable ice packs for coolers.

ca: Fraud Alert ? German Firm Sending Deceptive Faxes and Letters to Dot-ca Domain Name Registrants
The Canadian Internet Registration Authority (CIRA) is advising dot-ca domain name Registrants to not respond to faxes, letters, or other communications from DAD Deutscher Adressdienst GmbH, a German company, under the confusing banner of the Registre Internet du Canada (Canadian Internet Registry). The scam is targeting CIRA Registrants in Quebec with French language faxes or letters containing official looking forms requesting Registrant contact information.

fr: Results on the public survey regarding the access and publication of the AFNIC Whois database (news release)
The AFNIC has organised a public survey between Febuary 27th, 2007 and March 26th, 2007 on the theme of the AFNIC Whois database. The results of this survey have allowed to evaluate the expectations of the different role-players in regards to data access and the possibility to offer value-added services related to the use of this data.

us: What's In A Name? If It's Tribeca, A lot
A dispute between a Tribeca resident who bought the domain Tribeca.net in 1995 and who decided to use it 11 years later for a short-film festival called the Tribeca Network. The website officially launched in 2006. But somewhere in between 1995 and 2007, the Tribeca Film Festival was born. Both sides registered appropriate trademarks. Now the latter group have sent the former a cease-and-desist letter for trademark infringement at the end of 2006. A federal lawsuit was filed in late January and the owner of tribeca.net has since countersued for harassment. That it for now, the case is still ongoing!

uk: Nominet board election is go
The candidates in this year's Nominet elections have published their manifestos on what they would do with a seat on the board. The company will be hoping to avoid a repeat of 2006's voting fiasco, which meant the winners had to be reinstated after calls for a revote.

Nominet Non-executive director elections (news release)
Nominet members can now cast their vote in the 2007 board election. There are six candidates standing. The candidates' statements and CVs are in the election booklet along with details explaining how to vote.

Nominet governance consultation update (news release)
Following a number of member requests Nominet has decided to extend the deadline for the current governance consultation by one week to 9 May 2007. Nominet has also decided they shall host a panel discussion on the issues within the consultation to seek further member feedback on the same day as the AGM (2 May 2007). Nominet is updating its Articles of Association, the document that describes how the company interacts with its members, and the way in which it is governed. There are several issues which the board would like to address. Because of the number and complexity of the issues, Nominet is dividing the issues between two consultations. This first consultation deals with Board composition, policy and fees.

fi: RIPE NCC DNS monitoring service for the fi-domain names
The Finnish Communications Regulatory Authority has adopted a new service for monitoring of root name servers for the .fi TLD. The service is provided by RIPE NCC (R?seaux IP Europ?ens Network Coordination Centre), which is a non-profit organisation with a membership of more than 3,500 corporations and other organisations. It administers the IP address space in more than 90 countries in Europe, the Middle East, and Central Asia. In addition, RIPE NCC draws up various guidelines, coordinates cooperation between the actors in the field, and organises training courses to operators.

be: Letter/offer from Internet-Bedrijvengids
After DAD (see Newsflash from 21/03/2007), many people have been contacted by another company, Internet-Bedrijvengids bvba (Boulevard de France 9, 1420 Braine l.Alleud), inviting them to subscribe to a kind of online company guide. There is a yearly fee of ?879 for registration. DNS BE insists this company has no link whatsoever with DNS BE and is not an accredited registrar of DNS BE.

nic.at proclaims "Year of the name" for the internet
Kicking off the campaign "You are the net" is the first step within a series of campains for the proclaimed "Year of the name" for the internet. All public activities of nic.at - the austrian registry - in 2007 are focused on securing the identity of users in the internet.

Giovanni Seppia joins EURid as International Relations Manager (news release)
Giovanni will take on the role of International Relations Manager of EURid as from May 14, 2007. The position has been newly created and includes being responsible for EURid?s relations with relevant International organization

de: Munich re-conquers Top Position in Domain Numbers (news release)
Munich has clawed its way back into the number-one position in DENIC's domain statistics. Taking the parameter of the number of .de domains registered divided by the number of inhabitants, there is no city in Germany that can equal the Bavarian capital. That is one of the key outcomes of the annual regional domain statistics published for 2006 by the German registry, DENIC. Looking at the individual German federal states, it was Thuringia in the east that achieved the highest growth rate at 10.4%, but there is still a very evident west/east differential in the distribution of domains. Nearly all the big domain concentrations are still to be found in the large conurbations in the western part of Germany, such as Hamburg, the Rhine/Main region and the Rhineland.

.RU celebrated its birthday with a round figure (news release)
April 7th is considered to be Ru birth date, as on this day 12 years ago a corresponding record was added to the international database of country code top-level domains, maintained by IANA. This birthday was marked with the registration of half a million'th domain name.

.ie Registrations exceed 75,000
IEDR announced the number of registered .ie domains recently passed the 75,000 mark. The domain name themusicshop.ie held by Paul Burgess and hosted by Blacknight Internet Solutions was the 75,000th domain registered.

The Stealing Eyes of 'Brandits' on the Internet
One of the newest risks on the electronic road ? "brandits." They're companies looking to steal your eyeballs from some of the hottest sites on the Web. And all they need to take money from people is a typo and few seconds. How Does It Work: The practice is most commonly known as "cybersquatting" and involves a company or individual buying a domain name that is similar to a popular brand name.

Chinese and Japanese IDN in .BIZ by William Tan
We just opened the flood gates for Chinese and Japanese IDNs for .BIZ. This has been my brainchild for the past half a year or so, and represents a significant step forward for our registry in terms of internationalization. As one might expect, no support for Chinese IDN is complete without bundling as specified in the JET guidelines and RFC4713.

WIPO Snafu Over britishmuseum.org Case? by George Kirikos
WIPO just published a decision regarding the domain dispute over the britishmuseum.org domain name. At first glance, everything seems alright. The world famous British Museum won in a default judgment as the current registrant (the respondent) never replied). However, drill a little deeper and something is amiss. The ?parties? section of the case lists the respondent as ?British Museum Resources, Limited, West Bay, George Town, Kentucky, United States of America.?

us: Wrestling suit alleges illegal hold on Gagne
World Wrestling Entertainment filed suit in federal court Wednesday against a Minnesota man who it says is misappropriating the trademarks of an organization that was run by the "legendary Verne Gagne" from the 1960s to the 1990s. ... WWE wants a permanent injunction restraining the defendants from using the trademarks or the awastars.com Internet domain name; all profits resulting from the alleged infringement; legal fees and expenses, and other unspecified damages.

Domain name buyer says Italian tire giant off track
Local domain name speculator Christian Zouzas is in a turf battle with Italian tire giant Pirelli & C. SpA, which claims that zero.us infringes on its flagship tire brand PZero. Real estate attorney Zouzas, who moonlights as a cyberspace real estate tycoon, buys up generic domain names ending in .us by the dozen. His holdings include "actress.us" and "broadband.us."

uk: Nominet cleans up UK domain names
Nominet has teamed up with Oxford Brookes University to find new ways of investigating abuse of the DNS and registration data stored on its Whois database.

Pro-con: .XXX for porn sites? Yes
ICANN has missed a chance to deal with the messy stream of pornography that, for many, fouls the online experience.

Offensive f?r ?sterreichische Internetadressen
Den eigenen Namen als Adresse f?r die pers?nliche Homepage registrieren: Dazu m?chte die Domainfirma Nic.at die ?sterreichische Internetgemeinschaft mit der Aktion "Du bist das Netz" animieren. Nach aktuellem Stand gibt es 744.000 Adressen der Top-Level-Domain ".at" im Netz, und es werden immer mehr, so die Firma Nic.at in einer Presseaussendung am Donnerstag.

US-Richter legt gegen Domain-Registrar RegisterFly nach
Der US-Richter Manuel Real erlie? gestern eine einstweilige Verf?gung zugunsten der ICANN (Internet Corporation for Assigned Names and Numbers). Sie gestattet der ICANN, die Akkreditierung des Domain-Anbieters RegisterFly umgehend aufzuheben. Bereits vor anderthalb Wochen hatte das selbe Gericht entschieden, dass RegisterFly seinen Kundenbestand abgeben und der ICANN die Kundendaten umgehend ?bermitteln muss. RegisterFly lie? die daf?r gesetzte Frist offensichtlich verstreichen.

Les initiales du fisc am?ricain d?tenues par une soci?t? priv?e
La revente du nom IRS.COM (le fisc am?ricain) ? l?entreprise Intersearch pour 12,5 millions $ cr?e la pol?mique au sein du congr?s am?ricain.

Augmentations : et maintenant le .BIZ
L'extension du business suit le mouvement initi? sur les autres gTLDs et annonce une augmentation de ses tarifs avant la fin de l'ann?e.

Story from Hungary mentioning ICANN

Wikipedia users: 36% of online American adults consult Wikipedia (Pew Internet & American Life Project)
More than a third of American adult internet users (36%) consult Wikipedia, according to a new nationwide survey by the Pew Internet & American Life Project. And on a typical day in the winter of 2007, 8% of online Americans consulted Wikipedia. Wikipedia is far more popular among the well-educated than it is among those with lower levels of education. For instance, 50% of those with at least a college degree consult the site, compared with 22% of those with a high school diploma. And 46% of those age 18 and older who are current full- or part-time students have used Wikipedia, compared with 36% of the overall internet population.

'Net Neutrality', Non-Discrimination and Digital Distribution of Content Through the Internet by Nicholas Economides (NET Institute Working Paper)
Abstract: The vast majority of US residential consumers face a monopoly or duopoly in broadband Internet access. Up to now, the Internet was characterized by a regime of net neutrality where there was no discrimination in the price of a transmitted information packet based on the identities of either the transmitter or the receiver or based on the application or type of content that it contained. The providers of DSL or cable modem access in the United States, taking advantage of a recent regulatory change that effectively abolished net neutrality and non-discrimination protections, and possessing significant market power, have recently discussed implementing a variety of discriminatory pricing schemes. This paper discusses and evaluates the implication of a number of these schemes on prices, profits of the network access providers and those of the complementary applications and content providers, as well as the impact on consumers. We also discuss an assortment of
 anti-competitive effects of such price discrimination, and evaluate the possibility of imposition of net neutrality by law.

Security Aspects of Internet Voting by Guido Schryen (37th Annual Hawaii International Conference on System Sciences)
Abstract: Voting via the Internet has become a feasible option for political as well as non-political ballots. However, there are many obstacles which have to be overcome, especially legal restrictions have to be transformed into technical and security solutions. The article starts with a brief presentation of advantages and disadvantages of Internet ballots and presents application fields and pilot schemes. Then, technological security aspects are derived due to democratic basic principles. Especially the applied voting procedures are critical in security terms. Hence, the most relevant cryptographic protocols are presented and their drawbacks and shortcomings are identified. However, this article does not propose a new voting protocol. Beyond fixing cryptographic procedures for ballots, more elements are to be specified, e.g. responsibilities and rights of involved authorities or security precautions regarding hardware and software. For this reason, a structural security
 framework for electronic voting systems is presented which can be used for their composition and analysis.

The Impact that Placing Email Addresses on the Internet Has on the Receipt of Spam - An Empirical Analysis by Guido Schryen (Computers & Security)
Abstract: Email communication is encumbered with a mass of email messages which their recipients have neither requested nor require. Even worse, the impacts of these messages are far from being simply an annoyance, as they also involve economic damage. This manuscript examines the resource ?email addresses?, which is vital for any potential bulk mailer and spammer. Both a methodology and a honeypot conceptualization for implementing an empirical analysis of the usage of email addresses placed on the Internet are proposed here. Their objective is to assess, on a quantitative basis, the extent of the current harassment and its development over time.

Reluctant Gatekeepers: Corporate Ethics on a Filtered Internet by John G. Palfrey Jr (Global Information Technology Report)
Abstract: Corporations are increasingly finding themselves caught in the crosshairs as they are asked by local authorities to carry out censorship and surveillance online. This chapter describes this growing, thorny problem and some possible means to resolve it. The most promising approach is neither local law nor a new international covenant, but rather a strong, enforceable code of conduct created by the corporations themselves, in concert with nongovernmental organizations (NGOs), academics, states, and other stakeholders.

Bittorrent, Grokster, and Why Entertainment and Internet Lawyers Need to Prepare for the Fair Use Argument for Downloading Television Shows by Charles B. Vincent (Journal of Internet Law)
Abstract: This article examines the legal issues facing copyright holders of television shows whose product is available online through modern peer-to-peer networks such as BitTorrent. In a copyright infringement suit against these distributors or end users who download the files, the court will first have to determine whether liability based on the fair use doctrine applies, as explained by the Supreme Court's 2005 Grokster decision. Although the opinion provides guidance for litigants and courts in these particular infringement cases, many of the recent downloading programs have already taken a more proactive position to deter piracy. In these situations, these distributors may be absolved from Grokster-liability due to active monitoring and other affirmative steps. Regardless of how the court weighs this issue, however, it will have to address whether the fair use doctrine applies to television shows obtained through this technology. While fair use has generally been
 undisputed in music copyright litigation, this article suggests that the fair use analysis may produce different results depending on whether the end user downloads for a private viewing experience or whether the end user downloads and extends the use beyond mere private viewing. The latter download and distribution, particularly in the case of unlicensed commercial distributors makes any fair use argument more tenuous. This article concludes with presenting practical solutions to the television downloading problem.

Dark Clouds Over the Internet? by Jens Prufer & Eric Jahn (Telecommunications Policy)
Abstract: Currently, the Internet is characterized by excess capacity, which benefits consumers and producers of Internet-based services alike. High quality and declining prices of interconnection are the basis for many e-commerce, software and equipment businesses. However, tough competition in the Internet backbone market driving these developments could ruin network operators and threaten other markets, too. This paper will pursue the idea of the Internet backbone market's decline based on standard economic theory. The paper will present several scenarios and discuss potential market- and policy-based remedies. It is argued that due to a phenomenon called capacity paradox the industry's future development is overshadowed by "dark clouds".

The Structure of Search Engine Law by James Grimmelmann (Iowa Law Review)
Abstract: Search engines are the new linchpins of the Internet, and a new body of law - search engine law - will increasingly determine the shape of the Internet. Making sensible search policy requires a clear understanding of how search works, what interests are at stake, and what legal questions intersect at search. This article offers the first comprehensive overview of search engine law, which it organizes into a systematic taxonomy. It then demonstrates the dense legal interrelationships created by search by discussing a series of important themes in search engine law, each of which cuts across many doctrinal areas.

Social Networking and Age Verification: Many Hard Questions; No Easy Solutions by Adam Thierer (Progress & Freedom Foundation Progress on Point)
Abstract: At the heart of the debate over age verification requirements for social networking lie the same concerns that have motivated previous Internet regulatory initiatives: underage access to objectionable material and fears about child predators. However an age verification requirement could have many unintended consequences involving privacy and First Amendment issues. Since most websites today contain some aspect of user interaction, lawmakers would have great difficulty in defining social networking sites when drafting legislation or mandates. Moreover, collection and verification of the personal information of minors raises serious concerns of privacy and data protection. Logistical issues include access to documents minors would need for verification of identity and age, as well as documents which could be easily falsified in the online environment. Using any sort of government issued identification for verification would require establishing a centralized
 database to coordination with websites, raising questions regarding who would control these databases. Other proposals suggest sites seek parental permission or contact a child's school for verification of age, which can be easily circumvented and could put undue burden and costs on schools. Even with these measures, popular networking sites may in turn be pushed offshore, out of reach of US laws. Policymakers should not present age verification mandates as a comprehensive solution that could provide a false sense of security for both parents and their minor children who use social networking websites. Education and parental involvement still should play a vital role in keeping children safe online. Policymakers and law enforcement should also focus their efforts on the prosecution of online predators under existing laws and ensure adequate punishment for the crimes.

Regulatory Status of VoIP in the Post-Brand X World by Jerry Ellig & Alastair Walling (Santa Clara Compuer and High Technology Law Journal)
Abstract: During the past several years, the Federal Communications Commission (FCC) has engaged in a series of rulemakings to determine the regulatory status of Voice over Internet Protocol (VoIP). The Supreme Court's recent decision in the consolidated cases of National Cable and Telecommunications Ass'n v. Brand X and FCC v. Brand X clarifies that even if the FCC's determination conflicts with that of a court, the FCC's judgment holds sway as long as the decision is reasonable. We believe that VoIP should be classified as an information service, rather than a telecommunications service, for several reasons. First, the Internet Protocol nature of VoIP technology means that it functions like an information service, rather than a telecommunications service. Second, in the Telecommunications Act of 1996, Congress clearly sought to bring competition to all communications markets; encouraging the development of VoIP by classifying it as an information service comports with
 congressional intent. Third, economic analysis demonstrates that subjecting VoIP to the full panoply of regulation under Title II of the Telecommunications Act would significantly reduce consumer welfare. Fourth, the FCC's own experience shows that, if the FCC believes that some selective regulation is necessary, it has ample authority to impose targeted regulation without subjecting VoIP to all regulations that affect telecommunications services.

A Formal Approach Towards Assessing the Effectiveness of Anti-Spam Procedures by Guido Schryen (39th Annual Hawaii International Conference on System Sciences)
Abstract: Spam e-mails have become a serious technological and economic problem. So far we have been reasonably able to resist spam e-mails and use the Internet for regular communication by deploying complementary anti-spam approaches. However, if we are to avert the danger of losing the Internet e-mail service as a valuable, free, and worldwide medium of open communication, anti-spam activities should be performed more systematically than is done in current, mainly heuristic, anti-spam approaches. A formal framework within which the modes of spam delivery, anti-spam approaches, and their effectiveness can be investigated, may encourage a shift in methodology and pave the way for new, holistic anti-spam approaches.
This paper presents a model of the Internet e-mail infrastructure as a directed graph and a deterministic finite automaton, and draws on automata theory to formally derive the modes of spam delivery possible. Finally the effectiveness of anti-spam approaches in terms of coverage of spamming modes is assessed.

Effectiveness of Anti-Spam Approaches by Guido Schryen (Wirtschaftsinformatik)
Abstract: Spam as unsolicited email has certainly crossed the border of just being bothersome. In 2003, it surpassed legitimate email ? growing to more than 50% of all Internet emails. Annually, it causes economic harms of several billion Euros. Fighting spam, beside legal approaches especially technical means are deployed in practical systems, mainly focussing on blocking and filtering mechanisms. This article introduces into the spam field and describes, assesses, and classifies the currently most important approaches against spam.

Armed for the Spam Battle: A Technological and Organizational Infrastructure Framework by Guido Schryen (Hawaii International Conference on System Sciences)
Abstract: Spamming remains a form of Internet abuse, which burdens the Internet infrastructure, is generally regarded as an annoyance, and is said to cause economic harm to the tune of about several billion US$ per year. Many technological, organizational, and legislative anti-spam measures have already been proposed and implemented, but have not led to any substantial decrease in the number of spam emails. We propose here a new infrastructure framework that combines several anti-spam measures in a framework that features both a technological and an organizational facet. The key element of our infrastructure is a new organizational unit that reliably and transparently limits the number of e-mails that can be sent per day and per account. This paper first gives an overview of the framework, then it provides technological and organizational details of the infrastructure, the deployment of which depends to a large degree on its acceptance and propagation by the ICANN, the
 ISOC, and by large email service providers. Finally, the paper discusses the limitations and drawbacks of the proposed framework.

Who? What? When? Where?: Personal Jurisdiction and the World Wide Web by Yvonne A. Tamayo (Richmond Journal of Law and Technology)
Abstract: The article examines federal courts' decisions regarding whether personal jurisdiction may be established over a defendant whose contacts with the forum state exist primarily, or exclusively, through the defendant's Internet web page.

Introduction to Content Protection and Potential Government Roles by Isa Seow
Abstract: Movies and television are delivered to consumers using a wide variety of evolving methods including Digital Versatile Disks (DVDs), satellite, cable, terrestrial, Internet Protocol Television (IPTV), web-based download, peer-to-peer downloads and mobile. Each time a movie or TV show is delivered it is as part of a particular business offer to a consumer. Content protection systems enforce these offers and ensure a healthy competitive distribution market for these programs that entertain and inform us. This paper presents an introduction to current worldwide content protection systems for motion pictures. Additionally, it suggests potential roles that government and industry associations can play in supporting content protection in Asia Pacific. Finally, the paper highlights the relevance of the Analog Hole problem which requires concerted government action to improve digital content distribution.

Iran to Filter 'Immoral' Mobile Messages (Reuters)
Iran's Telecommunications Ministry will start filtering "immoral" video and audio messages sent via mobile phones, state television reported on Saturday. The Supreme Council of the Cultural Revolution, a body set up after Iran's 1979 Islamic revolution, has instructed the ministry to buy the equipment needed to prevent any misuse of Multimedia Messaging Service (MMS), it said.

Harassment forces Egypt blogger to quit
One of Egypt's most prominent political bloggers has decided to call it a day, citing harassment by security services as his main reason to quit. The Egypt-based blogger, known only as "Sandmonkey" - a derogatory term for people of Arab descent - posted his last entry on Saturday.

au: Bullying on teen's sad road to oblivion
Sad roads have many signposts, but Stephanie Gestier needed little encouragement to melancholy. No song or website, parent or poem, culture or clique had to whisper what she knew, and wore openly: she'd arrived at misery quickly, without detour or directions. The question is how she got there. The tragedy is what she did next.

au: Planet Girl is in crisis
What could have caused two 16-year-old girls to kill themselves in a pact, after posting suicide messages on the internet? The shock of the parents of Stephanie Gestier and Jodie Gater was palpable.

Sexual Threats Stifle Some Female Bloggers
A female freelance writer who blogged about the pornography industry was threatened with rape. A single mother who blogged about "the daily ins and outs of being a mom" was threatened by a cyber-stalker who claimed that she beat her son and that he had her under surveillance. Kathy Sierra, who won a large following by blogging about designing software that makes people happy, became a target of anonymous online attacks that included photos of her with a noose around her neck and a muzzle over her mouth.

Experts: Google AdWords needs policing
Google could avoid future malware attacks carried out using advertisements posted on its Web sites if the company more thoroughly investigated customers of its AdWords system, according to security and legal experts. On April 25, researchers with security software maker Exploit Prevention Labs announced that they had uncovered hard evidence that malware distributors were using advertisements placed via Google's automated AdWords system to infect unsuspecting end-users with virus code.

au: Internet eroding child porn taboo
The so-called "pervert prosecutor", Patrick Power, SC, is no object of pity and, judging by the 59 character references he amassed for his sentencing hearing last week after pleading guilty to possessing child pornography, he still has plenty of friends in the legal fraternity. But his handsome, stricken face leaving Downing Centre Local Court holds the greatest mystery. How can a man said by so many upstanding citizens to be such a pillar of the community, a distinguished senior counsel, holding one of the most important positions in the law, a "good man . . . a person with integrity", as his barrister said, "a person of utmost propriety and professionalism", as one of his colleagues said, be a heavy user of the most vile images of child sexual abuse and video rape of boys as young as seven?

nz: Website to be set up for victims of hacking
New Zealanders will soon be able to report computer security breaches they have suffered such as hacks, viruses and trojans anonymously online.

nz: Use of teen sex webcams growing - expert
More teenagers are posting sexual images of themselves on the internet and stripping naked in front of webcams, an international expert has said. Dr Ethel Quayle, of Ireland, a consultant with the research organisation Copine (Combating Paedophile Information Networks in Europe), has been in New Zealand speaking about the "astronomically large" increase in internet child pornography.

uk: ISPs urged to provide police with emergency contacts
ISPs should provide 24-hour emergency contacts for police and security services, according to the ISP industry body the Internet Service Providers' Association (ISPA).

THAT YOU? Internet playing name games
... Mistaken identities and mixed-up names are nothing new. But with the growth of the Internet it?s easier to find people who share the same name and confuse them. People often Google their next-door neighbors, their favorite celebrities and themselves online. Some people who indulge in vanity searching find not only their own information, but also that of an adult entertainer.

us: High-Tech Execs Meet With Lawmakers Over Web Search Keyword Law (AP)
A Utah law that sets up a trademark registry aimed at restricting rival advertisers on the Internet likely won't be enforced when it takes effect Monday, lawmakers said after meeting with high-tech executives.

us: Naked porn-surfing Army recruiter arrested
A U.S. Army recruiter in Hackettstown, N.J. is charged with stripping naked, entering a home and surfing Internet pornography sites.

us: Democrat proposes lifting federal ban on Net gambling
Just six months after President Bush signed a law outlawing online gambling, a key Democratic politician has proposed lifting the ban.

au: Greenies told to can the spam
Is lobbying our Government ministers via email classified as illegal spam? That is certainly the question being asked today by the NSW National Parks Association (NPA), whose email address was blacklisted by the office of the NSW Premier, Morris Iemma. ... A form on the NPA website had allowed people to easily write to Mr Iemma, 20 of his Cabinet Ministers, five Independents and four Green parliamentary members, supporting the NPA's position on administrative changes to the environment ministry.

us: Spam Fighters Eye New Target in Fresh Legal Offensive
Unspam Technologies, a Utah-based antispam provider, has filed a federal lawsuit against so-called e-mail harvesters -- anonymous parties who collect addresses from Web sites and other lists, which they then sell to spammers. The suit was filed in the Eastern District of Virginia under the federal CAN-SPAM law and the Virginia Computer Crimes Act, which is the state's antispam statute. While there have been many skirmishes between spammers and antispammers over the years, this particular legal action is unusual in a few ways.

uk: Warning on wi-fi health risk to children
Children should not place computers on their laps while they are using wireless internet connections because of potential health risks, according to a leading Government adviser. Professor Lawrie Challis, who heads the committee on mobile phone safety research, called yesterday for pupils to be monitored amid mounting public concern over emissions from wi-fi networks.

Three billion to have cellphones by end of '07 - Nokia
Nokia expects more than half of the world's population to have a mobile phone, boosted particularly by strong growth in emerging markets like Africa and China, before the end of 2007.

nz: One million households now online
More than a million New Zealand households are now online, according to latest official figures. Sending and receiving email remains the most common reason for using the internet, but online shopping is now a key area, with more than 900,000 people using the internet to make a purchase during 2006.

Two-thirds of New Zealand Homes Online (news release)
Almost two-thirds (or 1 million) of New Zealand homes are connected to the Internet, Statistics New Zealand said today. Results from the Household Use of Information and Communication Technology (ICT) Survey: 2006 show that just over half the connections use broadband technology while the remainder are dial-up connections.

it: Nuns get into internet habit
Cloistered nuns at a convent in Sicily have decided that their vow of silence may rule out gossiping with locals or telephoning old friends, but it does not exclude going online to swap emails. The 12 Cistercian nuns of the 13th-century Santo Spirito convent in Agrigento have set up a website and are happy to take questions about what it is like to pray for hours in silence every day.

de: Knut turns Internet star
Knut the polar bear might be thrashing David Hasselhoff as the new king of the Internet. The popular cub, who came to the world's attention earlier this year, now has a number of websites dedicated to him.

au: Inmates speak out on internet
A convicted armed robber turned rap singer has published the first of a series of internet blogs by prisoners currently serving time in NSW jails.

Asian countries advance in the Economist Intelligence Unit's 2007 e-readiness rankings (news release)
Denmark and the US retain their number one and two spots in the rankings (with Sweden also tied for 2nd), but Hong Kong (4th), Singapore (6th), South Korea (16th), Taiwan (17th) and Japan (18th) have experienced a boost in 2007 in both scores and ranks. This is due in no small part to their governments' vision and commitment in pushing digital development, and to continued progress in adoption of broadband and other advanced infrastructure.

Now it's one laptop per 1.75 children
Nicholas Negroponte, the founder of the One Laptop Per Child (OLPC) project, which aims to deliver $100 laptops to schoolchildren in the developing world, has said that the machine will now cost $175 and may not start production until October.

Australia missing tech opportunities
The head of one of Europe's largest information technology industry associations has a blunt warning before next week's CeBIT technology trade show in Sydney: Australia urgently needs to make up ground in the world IT stakes.

au: Rudd's broadband offer calls time on Howard's telecoms regime
"Time's up," Kevin Rudd told the National Labor conference. "Time's up for Mr Howard and his Government." That may prove a premature political assessment but time certainly seems to be up for the Howard Government's telecommunications regime. It is being helped on its way by Rudd's vague promise to spend $4.7 billion of taxpayer funds to help build a national broadband network. That has succeeded in revving up the broadband debate in a way Telstra could only have dreamed of. The ALP leader used his major address to the party conference yesterday to contrast Labor's activism on the issue with the Government's failure to fix the problem.

New fibre to link US, Asia
A multinational consortium will build the first high-bandwidth optical fibre submarine cable system linking Southeast Asia and the United States at a cost of $US500 million. The system, called the Asia-America Gateway (AAG), is expected to be operational in the fourth quarter of 2008.

VoIP Deployments Soaring, Cost Still a Barrier
Plans to deploy VoIP are soaring, but enterprises still have a hard time justifying costs to upper management. According to a survey by BT INS, 62% of respondents either have deployed or are in the process of deploying VoIP across their networks -- up from 44% in 2005. Another 18% are designing or testing VoIP deployments for limited network segments. At the same time, however, cost is becoming a more significant barrier to adopting VoIP, the survey found.


Sources include Quicklinks <http://qlinks.net/> and BNA Internet Law News <http://www.bna.com/ilaw/>.


(c) David Goldstein 2007


David Goldstein
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Received on Thu May 03 2007 - 05:45:33 UTC

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