[DNS] domain name news - 2 July

[DNS] domain name news - 2 July

From: David Goldstein <goldstein_david§yahoo.com.au>
Date: Thu, 5 Jul 2007 01:48:17 -0700 (PDT)
Hello All!

As you will see there are some changes today in the domain news. I'd be happy to get your feedback, but you'll have to ensure emails go directly to me at goldstein_david&#167;yahoo.com.au.

I've introduced sub-headings to make the news easier to read, especially on days such as today where there is a lot more news, in part due to my end of month checking of a wider range of websites.

This was a suggestion quite some time ago by one DNS subscriber when I asked for comments. Thinking it was more difficult than it was, I put it off for a long time. But alas, it was like the tax return - thinking about doing it was the hardest bit!

So do send me any comments, and I hope it makes the news better!

Also, don't forget to check out my website - http://technewsreview.com.au/ - for daily updates in between postings.

And see http://auda.org.au/domain-news/ for the 5 July edition of the domain news, including an RSS feed - already online!

Headlines from the 5 July edition of the news include:
Internet Governance Forum still searching for something to govern by Burke Hansen | After attacks, US government sending team to Estonia | Kremlin Critics Say Russian Cyberspace Alive With DoS Attacks | Time to let a thousand domains bloom? | Speculators ready for '.asia' web address rush | iPhone.com acquired by Apple



The domain name news is supported by auDA


ICANN moves ahead with international domain names (IDG)

ICANN faces major transition with Cerf's departure

American trademark attorneys to consume own young

ICANN wrestles with changes after Registerfly melt-down

TLD Or Not TLD For Cities? Berlin Senate Wants Out

uk: Google sued over defamatory postings found on web search

Attack on Estonia puts cyber security on EU agenda (Reuters)

Speculators grab iPhone domain names (AP)

Try out ICANN's new IANA site by Kim Davies

The End of the (IPv4) World is Nigher! by Geoff Huston

Dot-Asia domain applications to begin in October (IDG)

Spamhaus.org changes nic.at listing (news release)

CENTR backs APTLD position on Top Level Internationalised Domain Names (news release)

On the History of Internet Governance by Tim Wu (Columbia University - Columbia Law School) (reg req'd)
Abstract: The issues surrounding internet naming and internet governance have been controversial since about the mid-1990s. But public attention was drawn to Internet governance in the early 2000s, when Europe and other countries declared themselves unhappy with how internet governance was working, how the domain names were being assigned and other issues. This is a summary of what was happening in the early 2000s that created controversy in this area.

On the Future of Internet Governance by Tim Wu, Esther Dyson, A. Michael Froomkin & David A Gross/American Society of International Law, Proceedings of the Annual Meeting)
Abstract: These proceedings represent the perspectives and views of several experts and participants in the Internet Governance and ICANN process of the late 1990s and early 2000s.

Domain-Name Arbitration in the Arbitration-Law Context: Consent to, and Fairness in, the UDRP by Stephen J. Ware (University of Kansas - School of Law/Journal of Small and Emerging Business Law)
Abstract: In this Article, Professor Ware surveys many of the arbitration systems that have been attacked for lacking consent or fairness. The Article begins by introducing the domain-name arbitration system and summarizing the charges that it lacks consent or fairness. This Article asserts, however, that research reveals no sustained critique that domain-name arbitration lacks consent. The Article next provides what may be the first sustained analysis of consent issues in domain-name arbitration. Professor Ware concludes the article by placing domain-name arbitration in the context of arbitration generally, and, within that context, assesses the fairness of domain-name arbitration.

Governance of Internet Domain Names Against Cybersquatters in China: A Framework and Legal Perspective by Mo Zhang (Temple University/Hastings International and Comparative Law Review)
Abstract: With the rapid growth of commercial use of the Internet, registration of domain names in China has been burgeoning at an accelerated pace. In the meantime, the practice of cybersquatting or domain name hijacking has become a phenomenon that disrupts both the use of domain names in particular and cyberspace in general. The unauthorized use of a well-known trade mark or other service mark as a domain name posts great challenges to the protection of intellectual property rights under the existing legal system. As a matter of fact, the number of cases involving the use of domain names and infringement on trade marks is dramatically increasing in Chinese people's courts. Many efforts are being made in China to develop legal structure that governs the registration and use of domain names and that provides judicial remedies against cybersquatting. Attempts are focused on resolving conflicts between domain names and traditional intellectual property rights. Many thorny
 issues remain, including, among others, legal status of domain names, determination of famous marks, and legislation regulating domain names.

IPv6 Network Mobility by Carlos J. Bernardos, Ignacio Soto, and Mar?a Calder?n, Universidad Carlos III de Madrid (Cisco Internet Protocol Journal)
The Internet Protocol (IP) is currently accelerating the integration of voice and data communications. The Mobile IP protocol enables host mobility support, but several scenarios exist today, such as the provision of Internet access from mobile platforms (for example, planes, trains, cars, etc.), making it necessary to also support the mobility of complete networks. In response to this demand, the Internet Engineering Task Force (IETF) has developed the Network Mobility (NEMO) Basic Support Protocol [1], enabling IPv6 network mobility. This article explains the Network Mobility Basic Support Protocol, by first providing a general overview and then examining the details.

Opinion: Is It Time to Replace SMTP? by Dave Crocker (Brandenburg InternetWorking/Cisco Internet Protocol Journal)
The first Internet (ARPANET) e-mail, sent 35 years ago, was remarkably similar to a basic text e-mail of today: From, To, CC, Subject, Date, followed by lines of text, and the familiar &#167;-sign in addresses. The right side of the address changed from a simple string into the multilevel domain name that we now use. The body can now be a set of multimedia attachments rather than just lines of text, but it can still be in its original, simpler form. The means of moving mail was the File Transfer Protocol (FTP) in the early 1970s. The current mechanism, the Simple Mail Transfer Protocol (SMTP) [1a, 1b], was not created until 10 years later, but a mere 25 years of use is not bad, either.
All of the technical specifications for e-mail have undergone many changes over the years, but a core requirement has been to protect the installed base of users and operators by incrementally adding features as options, rather than by performing wholesale replacement of any infrastructure service component. E-mail has changed the way we communicate, yet it is also now viewed as having a serious problem: As the Internet grew, it acquired the full mixture of participants, some of whom do not make nice neighbors.

Internationalized access to domain names: a review of methods and issues (sub req'd)
The paper first provides background information on how domain names are resolved in the DNS. It then reviews the various methods for internationalized access to domain names with a focus on their technical implementation and potential problems. Finally, it discusses several important language and policy issues surrounding the methods.

Body that spawned the internet wants to rebuild it
DARPA, the US military's occasionally eccentric death-tech hothouse, is often lauded as having created the internet. Under its old name ARPA, the agency oversaw development of the so-called Arpanet, forerunner of today's IP net. Now, however, DARPA reckons the internet needs to be reinvented. This week the Pentagon's radical-boffinry specialists issued a request for "revolutionary ideas".

Internet Governance in Africa: Report from INET Abuja 4 May 2007
The Internet Society and "Soci?t?s de l'information" worked together to cover the discussion of Internet Governance during the INET conference in Abuja, Nigeria that took place alongside the AfriNIC-6 and AFNOG-8 meetings. The event, led by Dawit Bekele, head of ISOC's regional bureau for Africa, involved more than 100 representatives from civil society, governments, telecommunications and Internet companies, and members of the academic community and regional operators.

ICANN moves ahead with international domain names (IDG)
One topic that leaders worked on was the future enablement of non-Latin characters in domain names. ICANN hopes to support Cyrillic, Arabic, Chinese, and other characters in the future, but that's easier said than done.

Now you see us, now you don't: ICANN goes transparent
The Wednesday ICANN-arama wrapped up with a session covering ICANN's ongoing efforts to improve its management and accountability practices: the "Accountability and transparency management operating principles" workshop.
Maybe the title itself had something to do with it, but this very lightly attended workshop had the ring to it of one of those obscure sessions where useful information tends to get swept out of sight and mind. Much of the discussion revolved around making the ICANN board actually accountable to someone other than, well, the ICANN board. There are procedures already in place at ICANN that allow appeals of board decisions, but those procedural appeals always seem to circulate back to the board itself.

English may lose domain of Web addresses (AP)
ICANN is on track to start testing addresses entirely in foreign characters by November, but rules for determining which ones to permit likely will take another year or two to develop.

Internet group expects more domain names next year (Reuters)
ICANN said on Friday it was on track to allow an expanded number of domain names next year.

ICANN faces major transition with Cerf's departure
Since its founding in 1998, the controversial ICANN has weathered violent political turbulence and survived volatile technical controversies. However, in a few months, the non-profit ICANN may face one of its toughest challenges ever when its long-time board Chairman Vint Cerf steps down.

"On Track" by Bret Fausett
ICANN's President Paul Twomey has declared that ICANN's new gTLD policy is "on track." The claim reminds me of the way that Bush declared "Mission Accomplished" in Iraq back in 2003.

ICANN Day 5 by Susan Crawford
Coming up in about an hour -- the public ICANN board meeting. Although there are big issues swirling around, most of our discussions this morning will probably be about incremental developments.

Top-Level Domains, Internationalized Domain Names, and Address Space Discussions Make Progress in San Juan
Real progress has been demonstrated in key discussions at the ICANN's 29th International Public Meeting in San Juan, Puerto Rico. ?One of the real highlights of the San Juan meeting was the dialogue around issues that will impact the future of the Internet ? especially new gTLDs and IDNs,? said Dr Paul Twomey, President and CEO of ICANN.

ICANN Posts Approved Version of the Proposed Fiscal Year 2008 Budget
On 29 June the ICANN Board approved the as-amended, proposed Fiscal Year 2008 Budget, dated 29 June, 2007. This budget is consistent in scope with the originally posted budget, and accommodates community input received during the consultation process. A section in the Budget document, "Rationale and key changes from the initially posted Budget" provides an overview and explanation of the key differences between the budget that has been adopted, and the originally posted budget.

American trademark attorneys to consume own young
The Tuesday ICANN extravaganza continued with the ritualized slaughter of individual privacy rights in the holiest of holies for American trademark attorneys: ICANN's Intellectual Property Constituency triannual meeting, wherein they flog their misrepresentations of American trademark law on an unsuspecting, powerless and almost entirely ignorant internet community.

ICANN wrestles with changes after Registerfly melt-down
There are major changes happening at ICANN reports Ars Technica. At ICANN?s 29th international public meeting workshop this week, participants responded to a fiasco by an Internet domain registry that held up customers? domain names. Participants discussed the possibility of putting TLDs in escrow, amending the Registrar Accreditation Agreement (RAA), and developing better tools to enforce that agreement.

ICANN: Keep the Core Neutral, Stupid by Wendy Seltzer
ICANN?s travelling circus is meeting in San Juan, Puerto Rico this week. One of the main subjects of discussion has been the introduction of new gTLDs, after a GNSO Report proposed 19 ?Recommendations? for criteria these new domain strings should meet?including morality tests and ?infringement? oppositions.

Domain name suffixes .ru to be replaced with .rf or ru in Cyrillic alphabet
ICANN reports that domains new Internet addresses, including those in non-English characters, would be put into use in early 2008. Domain name suffixes .ru will be replaced with .rf or ru in Cyrillic alphabet, so the Coordination Center of Domain Suffix .ru decided to stop registration of .ru suffixes temporarily and wait until new ones appear.

Frustration Overload on New gTLDs by Bret Fausett
I'm watching the Public Forum sessions and whenever the subject of new gTLDs comes up it's impossible not to feel an overload of frustration. The Board says that it has nothing before it, so the Board of Directors is not the bottleneck, but it promises to act as soon as it gets something.

ICANN confronts Free Expression Debate by Milton Mueller
At the San Juan, Puerto Rico ICANN meeting today a large audience turned out for a workshop organized to discuss the free expression implications of ICANN's proposed policy for adding new TLDs. The issue has proved controversial because governments and ICANN staff are concerned about the appearance of controversial words or concepts in the domain name space. Some of them were traumatized by the .xxx debate and think they can get around those problems simply by blocking TLD applications that might be ?offensive? or ?sensitive? to some people.

ICANN Day 4 by Susan Crawford
Today is the Public Forum -- schedule is here. It will be webcast and we are actively soliciting online participation. There are some very important topics being discussed this week, including the idea of having different tracks for different categories of new gTLDs and the progress we're seeing on internationalized domains generally.

Not About ICANN Day 3 by Susan Crawford
So the Yale Law School alumni office has been sending out a zillion emails about my talk on July 9 in New York City. And, right at this same time, we've hit a really dry spell on this blog. I'm at a truly arcane and self-involved meeting, circling around and talking about IDNs and how to reform the GNSO.

ICANN Puerto Rico: Day II by Susan Crawford
After I wrote yesterday's post, I went up and moderated a two-hour workshop on "protection of registrants." The idea behind the workshop was to make sure ICANN is making the right kind of progress in dealing with failing registrars and registries.

ICANN Puerto Rico: Day 1 by Susan Crawford
Today the public portion of the ICANN meeting begins. Several of the Board Committees have already met, task forces have been working on WHOIS and new TLD policies, and the Board itself has already spent a long afternoon discussing what's going on. But we start the public portion with a little ritual of welcome and speech-making. This is the 29th ICANN meeting.

TLD Or Not TLD For Cities? Berlin Senate Wants Out
A fight has begun over the virtual existence of Germany?s capital: Does a .berlin address space have a right to exist beside the old standby berlin.de? The outcome of the fight could have a broader effect on the future of city names on the Internet.

uk: Google sued over defamatory postings found on web search
Google is being sued by a London businessman in a landmark legal action that could hold the US-based company liable for the publication of inaccurate, malicious or damaging material on the internet.
The case, the first of its kind in this country that seeks to make search engines responsible for the content of the internet - could trigger severe restrictions on the free flow of information on the web.
Last night, internet experts warned that if the action was successful it would mean Google could be held liable for the content of 11.5 billion web pages.

The Most Expensive Domain Names
The bidding started at $300,000 and blasted through the seven-figure mark before settling at $1.8 million. No, this wasn't Sotheby's--nor was the object d'art a Picasso. This battle was for the URL Seniors.com. ... Growth in online advertising and the shrinking pool of available names are pushing URL price tags to new heights. Three of the top five deals in history happened in the last two years. "You're seeing a perfect storm created by converging factors that are resulting in an increase in domain values," says Bentley.

Cyber attacks engulf Kremlin's critics on left and right ahead of elections (AP)
A political battle is raging in Russian cyberspace. Opposition parties and independent media say murky forces have committed vast resources to hacking and crippling their websites in attacks similar to those that hit tech-savvy Estonia as the Baltic nation sparred with Russia over a Soviet war memorial.

Attack on Estonia puts cyber security on EU agenda (Reuters)
The European Union will address cyber security issues after attacks on the Internet sites of Estonia, EU Information Society commissioner Viviane Reding said on Saturday.

300 domain names a day cash in on new iPhone craze
As hundreds of people queued up around the US to get their hands on Apple's new iPhone, dozens of entrepreneurs were at home on their computers hoping to cash in on the hype - by registering domain names incorporating the iPhone name. The number of registrations spiked as high as 300 a day, as names such as iPhoneJewelry.com and TheAppleMaciPhone.com were among the domains snapped up last month. But Apple, too, has belatedly swung into action to ensure it carves out the right amount of cyberspace to sell its new gadget, the first web-enabled phone with combined music player that has truly captured the public imagination.

Speculators grab iPhone domain names (AP)
Visit iPhone.com and you'll see ads for various cell phones that play music - but Apple Inc.'s much-hyped iPhone isn't one of them. The domain name was grabbed long before Jan. 9, when Apple announced its gadget combining a cell phone, an iPod media player and a wireless Internet device. Since then, speculators and entrepreneurs have registered thousands of iPhone-related Internet addresses.

Charting the iPhone hype by counting domain registrations
Two analyses of the rush to register something_iPhone domains show that a lot of people think they can make money out of becoming part of the Apple hype. Apparently, "more than 4,000 new iPhone domain names have already been registered, with another 4,000 expected by year's end."

More Than Just Squatting (on Domain Names) (reg req'd)
One of the less reputable sectors of the Internet economy that has been growing rapidly is domain name parking. Entrepreneurs register names that are either misspellings of common domains, like amazo.com or generic titles like www.chicagodoctors.com. They fill these sites with ads from Google or Yahoo, getting paid for every click. This game has morphed into what is know as Google arbitrage, filling the page also with just enough content that it will actually be found by search engines, and in turn attract users who simply see ads and click again to get somewhere useful.

Click Fraud Not Top PPC Concern
Click fraud has been a popular topic of discussion for a number of years, and it doesn?t appear the issue will fade away anytime soon. The industry is full of various numbers thrown around putting the click fraud rate anywhere from .02 percent (claimed by Google) to 30 percent or more. Who should you believe about click fraud, and how much should you be worried?

Banks should have their own secure domain By MIKKO HYPPONEN
Online banking fraud is rampant because it's easy. Here's a fix that will mean money in the bank. Computer security is a complex issue, and there is no simple cure-all. But one thing that continues to baffle me is the way we bank online.

Proposed .NAME Renewal Registry Agreement Posted for Public Comment
The proposed .NAME renewal registry agreement is posted for public comment. The proposed .NAME renewal agreement is fundamentally the same as what was negotiated and approved for .BIZ, also an unsponsored/restricted gTLD, in 2006. A marked version contrasting the approved .BIZ agreement to the proposed .NAME renewal agreement is attached for comparison.

Try out ICANN's new IANA site by Kim Davies
One thing that has been obvious for quite some time is the IANA web site needed some attention. Somewhat of a relic of an earlier era of the Internet, the web site had grown into a pile of information that is poorly organised and hard to navigate. Last year, we shared some concepts with the community on how we?d like to improve it. First and foremost was making IANA?s purpose clear, and its key information easy to find. Based on the initial feedback, we are almost ready to launch a completely new IANA web site.

IANA Wants Public Input on New Website
IANA has debuted a beta version of a complete redesign of its website to a more useable navigation system and an improved look and feel.

ICANN Commences Development of July 2008 ? June 2011 Strategic Plan
In accordance with its annual planning calendar, ICANN is seeking community input on key questions that will inform the development of the July 2008 ? June 2011 Strategic Plan.

 - IPv4/IPv6
Clarification of RIPE IPv6 Allocation Policy and the RIPE Policy Development Process (news release)
In response to recent articles in the press regarding the RIPE IPv6 address allocation policy, the RIPE NCC would like to clarify the RIPE policy making procedure. The RIPE NCC itself does not accept or reject any policies. All policies that govern how Internet number resources (IPv4, IPv6 and Autonomous System (AS) Numbers) are allocated by the RIPE NCC are proposed, discussed and accepted by the RIPE community using an open and inclusive process.

The End of the (IPv4) World is Nigher! by Geoff Huston
Funny how some topics seem sit on a quiet back burner for years, and then all of a sudden become matters of relatively intense attention. Over the past few weeks we've seen a number of pronouncements on the imminent exhaustion of the IP version 4 address pools. Not only have some of the Regional Internet Registries (RIRs) and some national registry bodies made public statements on the topic, we've now seen ICANN also make its pronouncement on this topic... Why the sudden uptake of interest in this topic? I suspect that a small part of this may be my fault!

 - (cc)TLD NEWS
Dot-Asia domain applications to begin in October (IDG)
Applications for domain names under the new ".asia" TLD will begin to be accepted from October, the nonprofit organization running the domain said Thursday.

Oct. Launch Planned for '.asia' Domain (AP)
Internet addresses ending in ".asia" will be open to governments and trademark owners starting in October, with general registrations coming in 2008.

A Pre-Delegation Re-Delegation Fight at ICANN
There are only two undelegated top-level country-code domains, aside from those darkened by colonial diktat. One of them, .KP, the TLD of North Korea, is in the tender grip of the Dear Leader ? enough said. Western Sahara (.EH) is another matter. The nearest thing they have to a paranoid strongman who hates the Internet is a paranoid Moroccan government which bungles the Internet, as ICANN Marrakech attendees can attest.

BMW Goes After BMW.cat by George Kirikos
In one of the first (if not the first) UDRP cases for .cat, the auto giant BMW appears to have filed a WIPO case over the BMW.cat domain name. Other prospective new TLD operators have tried to suggest in ICANN meetings that these new TLDs do not cause problems with cybersquatting or defensive registrations.

One Wales: Language
Coalition proposals on the Welsh language have received a cautious welcome from Cymdeithas yr Iaith Gymraeg, the Welsh Language Society. The One Wales document confirms that the new Assembly Government will seek to confer official status on both the Welsh and English languages, confer linguistic rights in the provision of services and establish the post of Language Commissioner. ... Attempts will also be made to get official language status for Welsh in European institutions. Support will also be given to the dot.cym campaign which seeks to gain domain name status for Wales on the internet.

Spamhaus.org changes nic.at listing (news release)
Spamhaus.org has partly removed the originally recorded IP address blocks of nic.at from the spam-block list. However, the text for the existing entries has been expanded, which means that nic.at is still marked as ?spam support?.

CENTR backs APTLD position on Top Level Internationalised Domain Names (news release)
CENTR fully supports APLTD?s call to ICANN to implement a limited introduction of top level IDNs rapidly. While recognising that even this fast approach needs to address the concerns related to technical stability of the internet introduction of IDNs, CENTR is hopeful that these issues can be addressed swiftly.

FICORA has granted its 150,000th fi-domain name (news release)
The number of valid fi-domain names has exceeded 150,000. The 150,000th fi-domain name, bsi.fi, was granted to a private person resident in Espoo on 25 June 2007.

.eu Awareness campaign launched this week (news release)
EURid embarked upon its first .eu awareness campaign. The campaign, that has taken the form of a series of web banners and printed advertisements, will run for 3 weeks in Belgium and the Czech Republic.

RIPE NCC Membership Hits 5,000 (news release)
On 19 June 2007, the RIPE NCC was joined by its 5,000th member, marking a milestone in the history of the Amsterdam based, not-for-profit organisation.

New Supervisory Board and Honorary Executive Board Members at DENIC (news release)
The general assembly of DENIC eG has elected a new Supervisory Board on May 3, 2007 in Frankfurt/Main.

cn: Shanghai?d Domain Names (reg req'd)
Registering a Chinese domain name can be an important step for any company wishing to establish a foothold in the Chinese market. Companies considering Chinese domain name registration need to be aware of Chinese registration and administration practices to ensure that their domain name is properly registered and receives protection.

Nigeria?s internet domain down
Internet websites ending with Nigeria?s ccTLD name, .ng, could not be accessed yesterday. Websites affected by the problem include major Nigeria sites such as Nigerian Communications Commission website, www.ncc.gov.ng; the National Information Technology Development Agency site, www.nitda.gov.ng and ministry of science and technology website; www.fmst.gov.ng

7 TLD Registries Announced a Declaration toward a Harmonized Information Society
From 14 to 15 June, 2007, the following seven (7) TLD name registries gathered in Beijing, China. The registries were CNNIC, DENIC, JPRS, NIDA(.kr), NeuStar, Nominet, SGNIC. At the meeting, they exchanged information with each other and agreed that they, as the TLD registries, would continue to cooperate for contributing to building a sound information society. As a result, the participating representatives signed the following declaration: "We, the representative of TLD registries, have gathered in Beijing, China from 14 to 15 June, 2007, and declare our common desire and commitment to increased dialogue and sharing of best practice to contribute to building a harmonious information society."

Translation of "JP Domain Name Registry Report 2006" Posted
JPRS posted English translation of "JP Domain Name Registry Report 2006." This is an annual report for 2006, briefing that year's activities performed by JPRS, in relation to its management and administration of .JP TLD.

Annual Report 2006 of DNS BE
The DNS BE Annual Report 2006 is now available in three languages.

Website founder to gain ?200m in float
A 39-year old university dropout who started a price comparison website in 1998 is expected to pocket around ?200m in cash after the company, Moneysupermarket.com, said it plans to float on the stock market.

How to Improve Upon Record-Breaking Domain Name Auction
Moniker?s latest domain name auction is over and pulled in over $10M in domains. How can Moniker take it to the next level?

Attack of the 100,000 Domains
Your portfolio may be diversified with just a handful of stocks, but don't go telling that to Marchex. The company has a domain name portfolio of more than 200,000 Web addresses -- good ones like debts.com, resorts.org, cuisine.com, and locksmiths.com -- and it knows that it can monetize them a little better.

Something for the Weekend..part one by Kieren McCarthy
The theft of the sex.com domain name is an extrordinary tale of duplicity, greed and incompetence. Former Techworld news editor, Kieren Mccarthy's best-selling book sets out the whole sorry story. Read the first of our exclusive extracts here.

Something for the weekend ...part 2 by Kieren McCarthy
Everyone knows or has met someone who is able to get seemingly impossible things done, from finding some luxury item in the middle of nowhere, to persuading someone to do something out of the ordinary, often against their better judgment. 

First Principles of Communications Privacy by Susan Freiwald
Under current Fourth Amendment doctrine, parties to a communication enjoy constitutional protection against government surveillance only when they have a reasonable expectation of privacy in those communications. This paper discusses the insufficiency of the reasonable expectation of privacy test in the context of modern communications. Significantly, courts have required that communications media be virtually invulnerable before affording them Fourth Amendment protection.

First, Assume a Monopoly: The Failure of Vertical Foreclosure Theory on the Never-was-Neutral Internet by Douglas A. Hass (Indiana University School of Law-Bloomington; The Skye Group)
Abstract: This paper refocuses the net neutrality debate by challenging the application of vertical foreclosure theory to today's non-neutral Internet access and content markets. The paper finds that the current policy fascination with non-existant net neutrality is ill founded. Disclosure and a broader focus on both network and content providers' non-neutral traffic policies would better enable the market to choose technologies and business models dynamically while still providing regulators with a potential enforcement mechanism.

When the Internet Becomes X-Rated: Creating an Ethical Climate for Technology in Catholic Schools by Susan Hanley Kosse (University of Louisville - Louis D. Brandeis School of Law/Catholic Education: A Journal of Inquiry and Practice)
Abstract: Pornography is the number-one business on the Internet, yet the very same Internet can be a valuable souce of knowledge for all students. Educators face many challenges in bringing the Internet into the classrooms. This article reviews recent and relevant case law on Internet access in schools, offers guidance about the writing of effective acceptable use policies, and concludes with advice to Catholic school teachers and administrators on creating an ethical climate while fully using available technology.

Regulating Cyberspace: The Emerging Problems and Challenges by Vishnu Konoorayar (Indian Law Institute/Cochin University Law Review)
Abstract: Cyberspace has become the new challenge for the law and its machineries in both civil and criminal matters. This is because of various differences between the real space and cyberspace. Territoriality is one of the important considerations upon which the conventional law and its principles are based up on. The cyberspace is totally different in this aspect from the conventional territory based law. This paper analyses these differences and consequential challenges in detail.

Don?t Blame Me: It?s the Phone?s Fault! Many Internet and Cell Phone Users Find Devices and Applications Too Complicated or Hardly Worth the Trouble
Pew Internet's typology of information and communications technology users tell us a lot about how far along we are -- or aren?t -- in the ?information society.?

Using a variety of technological innovations, Google became a multi-billion dollar content-delivery business without owning or licensing much of the content that it uses. Google?s principal justification for why this strategy does not contravene the intellectual property rights of the copyright owners is the doctrine of fair use. However, over the last several years, some copyright owners began to push back and challenge Google?s strategy. Much of this litigation presents the courts with something of a conundrum. On the one hand, it is beyond dispute that Google?s services have great social utility. By organizing and making accessible an enormous volume of information on the Internet, Google facilitates broad access to a diverse array of material, a core value of the First Amendment. At the same time, Google?s actions do not always fit comfortably within traditional notions of fair use. In this respect, the Google cases present an opportunity to explore the relationship
 between copyright and the First Amendment; a subject that has received inadequate attention in the courts, and particularly the Supreme Court. How the apparent tension between the marketplace of ideas and the commercial marketplace is resolved may have significant impact on the development of Internet-based services designed to facilitate access to information, and this subject is the focus of this iBrief.

au: Online sting entraps more Skype sex predators
At least four more Australians have fallen into traps exposing sex predators using the online communication service Skype.

au: Keeping teenagers safe online
How does a parent balance their rights to set boundaries and shield their child from harm against a teenager's increasing right to privacy as they progress through adolescence? With considerable delicacy, according to Louise Newman, professor of psychiatry at the University of Newcastle, and hopefully with much more help from government and the law than is currently on offer.

nz: Teens prey to Skype stalkers
International child predators are using the popular internet site Skype to contact impressionable teenagers, engage them in cyber-sex, and "groom" them for offline meetings.

nz: Seven NZers arrested in global porn sting - report
A global police operation has broken open an internet child porn ring with suspects in 99 countries -- including seven New Zealanders, it was reported today.

Cybercriminals Playing Mind Games With Users
Think mind games are only for dating and creepy movies? Think again. According to researchers at McAfee, a new study shows that cybercriminals use psychological games to scam users. In his study, "Mind Games", Dr. James Blascovich, professor of psychology at the University of California, Santa Barbara, focuses on multiple common spam scams and looks at how cybercriminals use fear, greed, and lust to steal personal and financial information.
"Scam spam works best by providing recipients with a sense of familiarity and legitimacy, either by creating the illusion that the e-mail is from a friend or colleague, or providing plausible warnings from a respected institution," Dr. Blascovich wrote. "Once the victim opens the e-mail, criminals use two basic motivational processes, approach and avoidance, or a combination of the two, to persuade victims to click on dangerous links, provide personal information, or download risky files."

OECD governments agree on a framework for privacy law enforcement co-operation
Embodied in a new OECD Recommendation, the framework reflects a commitment by governments to improve their domestic frameworks for privacy law enforcement to better enable their authorities to co-operate with foreign authorities, as well as to provide mutual assistance to one another in the enforcement of privacy laws.

OECD: Net growth prompts privacy update
The world's leading industrialised nations have been forced to update privacy laws made obsolete by the huge volume of data moving around the net. Of particular concern to the 30 OECD states was the increasing amount of personal data flowing between nations.

International effort on privacy protection is launched
The world's most developed economies will co-operate to uphold privacy laws in the face of increasing amounts of cross border data transfer. The member countries of the OECD have agreed the plan.

nz: Unprotected users liable for net banking fraud
Hundreds of thousands of people risk losing all the money they have in their bank accounts by logging on to internet banking using computers that do not have up-to-date operating systems, anti-spyware, anti-virus software and firewalls.

Internet law - racial discrimination and internet racial hatred in Australia
Racial discrimination occurs when somebody is abused because of his or her race or ethnic origin. In Australia, the Racial Discrimination Act 1975 and the Racial Hatred Act of 1995 typify unlawful racially offensive behavior, including those committed by the use of the Internet. The principles and rules of the Racial Discrimination Act (?RDA?) of 1975 were complemented and expanded by the Racial Hatred Act (?RHA?) of 1995. One of the major changes introduced by RHA was the right to complain before the Australian authorities when one becomes victim of racially offensive behavior. Nonetheless, Australian law allows certain types of racially offensive behavior provided that the behavior is done reasonably and in good faith; this exception also applies to communications via the Internet. This article answers the following questions, what are three essential components of the unlawful conduct under the Racial Discrimination Act 1975? What are the exemptions under the Racial
 Discrimination Act 1975? To whom would an aggrieved person complain? How do the courts in Australia deal with the issue of the dissemination of racially offensive material?

Gartner: Businesses should be wary of iPhone
IT departments should be extremely wary of allowing employees to use Apple's mobile handset because it does not contain the necessary functionality to comply with basic corporate security, analysts warned in a research note released on Thursday. The iPhone will be launched in the U.S. on Friday.

us: DOJ warns U.S. citizens of phishing attack
The U.S. Department of Justice (DOJ) is alerting e-mail users about a possible phishing attack using messages that claim to be from the DOJ.

us: Justice Department Urges Public Not to Respond to Email (news release)
The Department of Justice has recently become aware of fraudulent spam e-mail messages claiming to be from DOJ. The Department of Justice did not send these unsolicited email messages ? and would not send such messages to the public via email.

br: YouTube wins "supermodel sex on the beach" case
A Brazilian judge has ruled in favor of YouTube, Globo Comunica??es e Participa??es, and Internet Group do Brasil (iG) this week in a case involving Brazilian model Daniella Cicarelli and a sex video. Cicarelli and her boyfriend, Tato Malzoni, had sued YouTube after a video of the couple having sex on a public beach in Brazil appeared on the site. The pair argued that YouTube was violating their privacy. Judge Gustavo Santini Teodoro ruled that the couple's privacy claims were unfounded and ordered Cicarelli to pay fees to each of the defendants.

EU laws on recycling electronics come into force
Consumers shopping on Sunday for a new electrical appliance or electronic gadget will find something has changed at the check-out. Along with their change and receipt the retailer will give them some information: the arrangements that have been made to dispose of the old equipment so it can be recycled in accordance with European Union legislation. The waste electrical and electronic equipment regulations come into effect on July 1, requiring distributors and producers to make arrangements for disposing of appliances and gadgets ? even if sold or made by other companies.

South Korean chat room bullies face end to their internet anonymity
Cyber-bullies who plague internet chat rooms with obscene and insulting comments will be banned under the first national scheme to strip them of their anonymity.
People going online will be forced to provide their real names and social security numbers under a new law that makes internet portals responsible for policing message boards and weblogs. 

South Korea enforces curbs cyber bullying (AFP)
South Korea on Thursday started enforcing a new law aimed at curbing the country's notorious cyber bullying by preventing internet users from hiding behind false IDs.

ACMA and ACCC release joint report on communications infrastructure and services availability (news release)
The Australian Communications and Media Authority (ACMA) and the Australian Competition and Consumer Commission (ACCC) today released a joint report titled Communications Infrastructure and Services Availability in Australia 2006-07.

FTC Issues Staff Report on Broadband Connectivity Competition Policy (news release)
The Federal Trade Commission?s Internet Access Task Force today issued a report, ?Broadband Connectivity Competition Policy,? which summarizes the Task Force?s findings in the area of broadband Internet connectivity and, in particular, so-called network neutrality regulation. Based on these findings, and FTC staff?s experience with the operation of myriad markets throughout the economy, the report identifies guiding principles that policy makers should consider in evaluating proposed regulations or legislation relating to broadband Internet access and network neutrality.

FTC Tells Law Makers Back Off Net Neutrality
The U.S. Federal Trade Commission has released its report suggesting that concerns over threats to 'Net Neutrality' are a non-issue and that current anti-trust laws provide adequate protection against abuses of network power.

EU telecommunications chief favors European mobile TV standard (Reuters)
Viviane Reding, the telecommunications chief of the European Union, said Thursday that she would support the European mobile television broadcasting standard over U.S. and South Korean rivals when the commission decides next month which one to back.

EU turns to YouTube to create EUtube
The European Commission is turning to video-sharing Web site YouTube.com to disseminate information about the workings of the European Union to its citizens, through a new channel on the site called EUtube, it announced Friday.

Apple Greener, Nokia regains lead in electronics ranking (news release)
The fourth edition of the Greenpeace Guide to Greener Electronics is out now. Apple moves up as a result of Steve Job's "Greener Apple" pledge to phase out PVC and other chemicals from their product line. But Nokia is on top because they've already phased out PVC, and met or exceeded a wide set of benchmarks we've laid down to reduce the amount and toxicity of electronic waste piling up in Asia and Africa.

Greenpeace highlights Apple, Lenovo rise
The computer business can give itself a pat on the back this week as it is congratulated in the Greenpeace Guide to Greener Electronics for the work it has done to clean up its act.

The Tech Lab: Bradley Horowitz
Bradley Horowitz, responsible for novel technology development at search giant Yahoo, looks ahead to the "internet of things".
Imagine this scenario: I am in a supermarket and I pick up a can of tomatoes and I place it in the shopping trolley. Immediately my mobile phone flashes green to indicate to me that it is a good buy. I go down the aisle and choose a bottle of wine but this time my phone flashes red to suggest I reconsider.
This is only possible when we have a universal resolver for every entity in the world. 

Forrester: 60 Percent Of Europeans Have Adopted Social Computing (news release)
60 percent of European online consumers are taking part in Social Computing activities such as reading or writing blogs, listening to podcasts, setting up RSS feeds, reading and writing online customer reviews, or taking part in social networking sites, according to a new report by Forrester Research. However, the survey of more than 7,000 online consumers across the United Kingdom, France, Germany, Italy, Spain, Netherlands, and Sweden found that consumers in those countries are adopting Social Computing at differing rates. The result is a unique Social Computing profile for each nation.

MySpace's Slow Start in China
The social-networking site's new Chinese version faces tough challenges trying to appeal to local tastes and grab market share from many rivals

Internet services throttle user bandwidth
... If you're noticing slowdowns while online, the culprit could be "bandwidth shaping." Most Internet service providers (ISPs) don't like to talk about it, but it's the most recent method to deal with the masses of people who use a lot of bandwidth during peak periods.

Why computers can?t surpass Go and collect US$1 million
Ten years ago last month, to the dismay of many chess enthusiasts, the IBM supercomputer program Deep Blue beat the world chess champion Gary Kasparov: the greatest chess mind alive was elbowed aside by raw computing muscle. The quality of Deep Blue?s victory is still debated, but the moment marked a turning point in the relationship between man and machine.
The computer is now dominant in almost every board and card game devised by man. Computers can now beat us not only at chess, but also draughts, Othello, Scrabble, three-dimensional noughts and crosses, Monopoly and even bridge and poker (most of the time). In these games, the computer has a blueprint for ?perfect play?: it simply runs the board position through a databank, and chooses the best next move, every time.
Yet there is one game in which the computer is still no match for Man, a game in which a competent teenager can beat the world?s most sophisticated computer program with ease: and that is the ancient Chinese board game Go, the oldest game in the world, and the only one at which man remains the undisputed champion.

Top 10 Search Providers, May 2007
Google maintained a dominant ranking with 56.3 percent share of searches. Yahoo held at 21.5 percent share, Windows Live rounded the top three with an 8.4 percent share of searches.

au: Top broadband ISPs deny P2P shaping
Telstra, Optus and iiNet say they do not know what their users download, nor will they slow their speeds to prevent them from doing so

Intel Inside the Third World: Is getting computers to poor kids charity?or big business?
Intel wants to bridge the Digital Divide and pioneer a whole new market by filling classrooms in poor countries around the world with low-cost PCs. Priced at about $320 each, the new Classmate laptops on the desks in Malinalco are still too expensive for governments in most developing countries to purchase.

No Child Left Offline
Famed MIT Media Lab founder Nicholas Negroponte is tireless in his efforts to get computers into the hands of kids around the world

The promise of the Information Revolution. Has it been delivered? by Dr Barry Jones
Abstract: The Information Revolution should have been an instrument of personal liberation and an explosion of creativity. Instead, it has been characterised by public policy dominated by managerialism, replacement of ?public good? by ?private benefit?, decline of sustained critical debate, and ?dumbing down? of mass media; it is linked with celebrity, substance abuse and retreat into the personal, the rise of fundamentalism and an assault on reason. The Knowledge Revolution ought to have been a countervailing force: in practice it has been the vector of change. I urge you to commit yourselves to enlightened, passionate scepticism, involvement and detachment, reflection, enthusiasm, knowledge and balance ? an odd mixture, but an essential one.
Speech extracts: Through Google and other powerful search engines we have instant access to what would have seemed like unimaginable richness to earlier generations - but I doubt if the promise has been delivered.
... One negative effect of the technological revolution is that human relationships may increasingly be carried out not face to face but mediated through the web, through mobile telephones and SMS messages.
... The Information and Communication Technology industry in Australia, although all pervasive, is both passive and derivative, with relatively few internationally recognised brand names, contributes significantly to Australia's adverse terms of trade, and has even more so since the Free Trade Agreement with the United States became operative.

Danger: virulent new strain of technolust found in Apple
A new spectre is haunting the planet - technolust. Psychiatrists define it as the self-indulgent craving for attractive gadgets offering at best only marginal improvements over older devices but inducing fleeting, orgasmic, smug superiority in their possessors.
Technolust was thought to afflict only a small minority of the population - generally investment bankers with more money than sense and pony-tailed geeks with neither. But developments in the US have led scientists to fear that the condition is reaching epidemic proportions and affecting people regarded as immune to infection.

Who really makes the iPod?
Who makes the Apple iPod? Here's a hint: It is not Apple. The company outsources the entire manufacture of the device to a number of Asian enterprises, among them Asustek, Inventec Appliances and Foxconn.

Wikipedia - for your information
Covering almost 7.5m pages in more than 250 languages, Wikipedia is by far the biggest encyclopaedia ever written. But is it a vast online fount of human knowledge or an extreme example of 'digital Maoism', as some critics claim? Tim Adams of The Observer meets Jimmy Wales, the man behind the phenomenon, to get to the facts.

au: Broadband contracts will push Labor out of debate
The Federal Government will sign 10-year contracts before this year's election for its planned high-speed internet network, hindering Labor's ability to promote its alternative plan.

Dutch VoIP connections pass 2 million mark
The Dutch consumer telephony market grew by 0.1 percent during the first quarter of 2007 to 6.017 million connections, as a continued drop in PSTN/ISDN lines was offset by a strong VoIP market. According to Telecompaper's Dutch Fixed Telephony Q1 2007 report, the number of PSTN/ISDN connections fell 7.1 percent in the first quarter to 3.9 million, while Dutch consumer VoIP subscriptions grew by more than 17 percent to 2.1 million.

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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"Every time you use fossil fuels, you're adding to the problem. Every time you forgo fossil fuels, you're being part of the solution" - Dr Tim Flannery

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Received on Thu Jul 05 2007 - 08:48:17 UTC

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