Defining Domain: Higher Education's Battles for Cyberspace Jacob H
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Domain Privacy Services and Contributory Copyright Infringement
Loyola of Los Angeles Entertainment Law Review Volume 31 Number 1 Article 2 9-22-2010 Unmasking the Mask-Maker: Domain Privacy Services and Contributory Copyright Infringement Paulo André de Almeida Loyola Law School Los Angeles, [email protected] Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Paulo André de Almeida, Unmasking the Mask-Maker: Domain Privacy Services and Contributory Copyright Infringement, 31 Loy. L.A. Ent. L. Rev. 27 (2010). Available at: https://digitalcommons.lmu.edu/elr/vol31/iss1/2 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. UNMASKING THE MASK-MAKER: DOMAIN PRIVACY SERVICES AND CONTRIBUTORY COPYRIGHT INFRINGEMENT “Domain privacy services” are online services that protect the ano- nymity of their website-operating customers. Typically, the privacy service registers a domain name on behalf of its website-operating customer, and then leases the domain name back to the customer. The customer retains the right to use and control the domain, while the privacy service holds it- self out as the true owner through the registrar’s WHOIS database. Copy- right-infringing website owners prefer this arrangement to avoid prosecu- tion by forcing aggrieved copyright holders to first contact the listed privacy service, which typically refuses to reveal the identity of the alleged infringer. -
The ISP Column What's in a Name?
The ISP Column A monthly column on things Internet Geoff Huston December 2015 What’s in a Name? What's in a name? that which we call a rose By any other name would smell as sweet; Romeo and Juliet, Act II, Scene II What’s the difference between .local and .here? Or between .onion and .apple? All four of these labels are capable of being represented in the Internet’s Domain Name System as a generic Top Level Domains (gTLDs), but only two of these are in fact delegated names. The other two, .local and .onion not only don’t exist in the delegated name space, but by virtue of a registration in the IANA’s Special Use Domain Name registry (http://www.iana.org/assignments/special-use-domain-names/special-use-domain-names.xhtml), these names cannot exist in the conventional delegated domain name space. It seems that Internet does not have a single coherent name space, but has a number of silent and unsignalled fracture lines, and instead of being administered by a single administrative body there are a number of folk who appear to want to have a hand on the tiller! Let’s look at the domain name space and try and gain some insight as to haw we’ve managed to get ourselves into this somewhat uncomfortable position. A Brief History of the DNS A good place to start is probably RFC 920, authored by Jon Postel and Joyce Reynolds, and published October 1984. The name space was divided by a small set of so-called Top Level Domains, with a temporary name of .arpa the category-based names of .com, .edu, .gov, .mil and .org, as well as the collection of two-letter country codes as administered by the Internet Standards Organization and published as ISO-3166. -
Case 1:21-Cv-00822 Document 10 Filed 07/13/21 Page 1 of 15 Pageid# 172
Case 1:21-cv-00822 Document 10 Filed 07/13/21 Page 1 of 15 PageID# 172 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ) MICROSOFT CORPORATION, a ) Washington corporation, ) Plaintiff, ) ) Civil Action No: 1:21-cv-822 v. ) ) JOHN DOES 1-2, CONTROLLING A ) COMPUTER NETWORK AND THEREBY ) INJURING PLAINTIFF AND ITS ) CUSTOMERS ) ) Defendants. ) ) ) ) DECLARATION OF MATTHEW B. WELLING IN SUPPORT OF MICROSOFT’S APPLICATION FOR AN EMERGENCY EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION I, Matthew B. Welling, hereby declare and state as follows: 1. I am an attorney with the law firm of Crowell & Moring LLP (“Crowell”), and counsel of record for Plaintiff Microsoft Corporation (“Microsoft”). I make this declaration in support of Microsoft’s Application for an Emergency Ex Parte Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction (“TRO Application”). I make this declaration of my own personal knowledge and, if called as a witness, I could and would testify competently to the truth of the matters set forth herein. I. PARTIES 1. Microsoft seeks an Emergency Ex Parte Temporary Restraining Order And Order To Show Cause Re Preliminary Injunction designed to disrupt the technical malicious infrastructure of a sophisticated online criminal network used by Defendants John Does 1-2 (“Defendants”) that is attacking Microsoft Corporation (“Microsoft”), its Office 365 1 Case 1:21-cv-00822 Document 10 Filed 07/13/21 Page 2 of 15 PageID# 173 (“O365”) service, and its customers through malicious “homoglyph” domains that unlawfully impersonate legitimate Microsoft O365 customers and their businesses. -
Internet Service Provider Liability: Imposing a Higher Duty of Care
WENDY LARSON, ISP LIABILITY: IMPOSING A HIGHER DUTY OF CARE, 37 COLUM. J. L. & ARTS 573 (2014) Internet Service Provider Liability: Imposing a Higher Duty of Care Wendy C. Larson* INTRODUCTION Today’s Internet is exploding with creativity and innovation, and it has spurred new markets and industries in an unprecedented period of time.1 Such progress is inevitably accompanied by intellectual property rights violations, particularly as the law struggles to keep pace with the exponential growth in technology. Moreover, online actors are becoming increasingly skilled at hiding their identities to evade responsibility. The service providers that these actors employ to host their Web sites, auction their domain names, provide their advertising content, process their payments, promote their businesses—and even hide their identities—have limited exposure to liability for their customers’ actions. As a consequence, service providers have little incentive to cooperate with brand owners or to voluntarily identify trademark violations. In fact, such cooperation or voluntary participation may place service providers at a competitive disadvantage. Law and practice should be revised to create incentives for service providers to work with brand owners to effect the primary purpose of trademark law: preventing consumer confusion. This Article identifies the types of online services most often involved in trademark violations. It provides a brief review of the current statutory framework and the evolution of the common law concerning liability of online service providers. Borrowing from the Digital Millennium Copyright Act and traditional tort concepts, this Article explores avenues for legislative change and the best practices to address the issues.2 Requiring a higher duty of care from online service providers will help minimize consumer confusion, protect brand owners and provide a more authentic online consumer experience. -
Top Five DNS Security Attack Risks and How to Avoid Them How to Effectively Scale, Secure, Manage, and Protect Your DNS Table of Contents
WHITEPAPER Top Five DNS Security Attack Risks and How to Avoid Them How to Effectively Scale, Secure, Manage, and Protect Your DNS Table of Contents Executive Overview 2 DNS Attacks Are on the Rise 2 External Name Server Basics 2 DNS Security Flaws and Management Challenges 3 Aren’t General-Purpose Computers Good Enough for DNS? 4 Securing Your DNS Infrastructure and Applications 6 The Infoblox Approach to DNS Security 6 Benefits of Purpose-Built Appliances 7 Conclusion 8 1 WHITEPAPER Top Five DNS Security Attack Risks and How to Avoid Them Executive Overview “If your data center is not available, all the compli- Cyber attacks on Domain Name System (DNS) servers represent one of the most ance or data integrity in the significant threats to Internet security today. Because DNS is used by nearly all world is not going to help networked applications – including email, Web browsing, ecommerce, Internet your customers, business, telephony, and more – these types of attacks threaten the very basis of modern or your brand. DDOS is the number one threat to the communications and commerce. Whether conducted for financial motives, political availability of data center gain, or the notoriety of the hacker, the damage from a DNS attack can be devastating resources...” for the target organizations. Rob Ayoub, Frost and Sullivan, Global Program Director, This paper will highlight how traditional DNS infrastructure deployments can actually Network Security increase the risks of DNS attacks. The paper also covers best practices and options for a hardened DNS layer that can minimize the risk of experiencing a DNS attack by identifying the symptoms and implementing a response faster. -
Unclassified OCDE/GD(97)207
Unclassified OCDE/GD(97)207 INTERNET DOMAIN NAMES: ALLOCATION POLICIES ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT Paris 60465 Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original format Copyright OECD, 1997 Applications for permission to reproduce or translate all or part of this material should be made to: Head of Publications Services, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France 2 TABLE OF CONTENTS FOREWORD.................................................................................................................................................. 5 MAIN POINTS............................................................................................................................................... 6 INTERNET GROWTH AND THE DOMAIN NAME SYSTEM................................................................. 8 DOMAIN NAME SYSTEM OPERATIONS IN OECD COUNTRIES...................................................... 16 The Administration of Top Level Domains and Market Structure .......................................................... 17 The Administration of Generic Top Level Domains and Market Structure ............................................. 18 POLICY COMPARISON BETWEEN DOMAIN REGISTRARS.............................................................. 29 Location Requirements ............................................................................................................................. 29 Application Limits ................................................................................................................................... -
Federal Register/Vol. 63, No. 111/Wednesday, June 10, 1998
Federal Register / Vol. 63, No. 111 / Wednesday, June 10, 1998 / Notices 31741 differences of juvenile fish as they pass rulemaking, or ``Green Paper,'' was U.S. Role in DNS Development downstream through Lake Pateros and published in the Federal Register on Wells Dam. For modification 1, PUD GC February 20, 1998, providing More than 25 years ago, the U.S. Government began funding research requests an increase in the take of opportunity for public comment. NTIA necessary to develop packet-switching juvenile, endangered, UCR steelhead received more than 650 comments, as of technology and communications associated with a study designed to March 23, 1998, when the comment networks, starting with the ``ARPANET'' inventory fish species in Wells reservoir period closed.3 network established by the Department on the Columbia River. ESA-listed fish The Green Paper proposed certain are proposed to be observed by SCUBA of Defense's Advanced Research actions designed to privatize the Projects Agency (DARPA) in the 1960s. divers or collected in beach seines, management of Internet names and anesthetized, examined, allowed to ARPANET was later linked to other addresses in a manner that allows for recover, and released. Modification 1 is networks established by other the development of robust competition requested to be valid for the duration of government agencies, universities and and facilitates global participation in the permit. Permit 1116 expires on research facilities. During the 1970s, Internet management. The Green Paper December 31, 2002. DARPA also funded the development of proposed for discussion a variety of a ``network of networks;'' this became Dated: June 4, 1998. -
Orderly Expansion of the International Top-Level Domains: Concurrent Trademark Users Need a Way out of the Internet Trademark Quagmire, 15 J
The John Marshall Journal of Information Technology & Privacy Law Volume 15 Issue 3 Journal of Computer & Information Law Article 6 - Spring 1997 Spring 1997 Orderly Expansion of the International Top-Level Domains: Concurrent Trademark Users Need a Way Out of the Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997) David B. Nash Follow this and additional works at: https://repository.law.uic.edu/jitpl Part of the Computer Law Commons, Intellectual Property Law Commons, International Law Commons, Internet Law Commons, Privacy Law Commons, and the Science and Technology Law Commons Recommended Citation David B. Nash, Orderly Expansion of the International Top-Level Domains: Concurrent Trademark Users Need a Way Out of the Internet Trademark Quagmire, 15 J. Marshall J. Computer & Info. L. 521 (1997) https://repository.law.uic.edu/jitpl/vol15/iss3/6 This Comments is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in The John Marshall Journal of Information Technology & Privacy Law by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. ORDERLY EXPANSION OF THE INTERNATIONAL TOP-LEVEL DOMAINS: CONCURRENT TRADEMARK USERS NEED A WAY OUT OF THE INTERNET TRADEMARK QUAGMIRE I. INTRODUCTION "If you want to attach your network to the Internet,' but you don't like NSI's 2 policies, for whatever reason, you quickly learn that NSI is the only game in town."3 Any organization that wants a domain name in an international top-level domain ("iTLD") has to register with the In- terNIC4 domain name registry which is administered by Network Serv- 1. -
“ICANN Update” Herbert Vitzthum ICANN Cctld Liaison [email protected] January, 16Th 2002 CENTR DNR-Forum at RIPE-Meeting, Amsterdam, Netherlands Overview
“ICANN Update” Herbert Vitzthum ICANN ccTLD Liaison [email protected] January, 16th 2002 CENTR DNR-Forum at RIPE-Meeting, Amsterdam, Netherlands Overview z October – .museum - First Sponsored TLD Agreement z November – .au - ccTLD Agreement Signed with auDA – ALSC Final Report – Registrar Data Escrow Program Announced – The third ICANN Annual Meeting in Marina del Rey, USA – Redelegation of .us ccTLD – .coop – Second sponsored TLD Agreement z December – Interim Report of the New TLD Evaluation Process Planning Task Force – ICANN Announces New Dispute Resolution Provider in the Asia Pacific Region – ASO General Assembly 2002 and Call for Nominations for ICANN Board of Directors – CENTR Meeting in Luxembourg At Large Study Committee Report (ALSC) z Undertook a comprehensive study of: – the concept, structure and processes z Invited/received input from all interested parties z To achieve a broad consensus – Public meetings in: z Melbourne, Australia, Stockholm, Sweden, Silicon Valley, USA and Montevideo, Uruguay – ALSC members have attended meetings z Kuala Lumpur, Taiwan, San Francisco, Bologna, Hong Kong, Accra, Shanghai, Caracas, Singapore, Beijing, Paris At Large Study Committee Report (ALSC) z The ALSC produced a FinalFinal Report,Report as recommendations to the ICANN Board. z The BoardBoard acceptedaccepted the Report, asas aa basisbasis forfor furtherfurther discussion.discussion. z The BoardBoard invitedinvited commentscomments on the Report from the Internet community. z ALSCALSC isis extendedextended until the ICANN meeting in Accra,Accra, Ghana;Ghana z Goal: “AtAt LargeLarge”” electionelection in 20022002 Registrar Data Escrow Program Announced z Periodic escrow for gTLD registrars. z To preserve domain registration information. z Data will be released from escrow if: – The registrar fails – The registrar ends his accreditation z Registrars are free to use ICANN’s Service or to choose a third party. -
Reflections on Exclusion and Coordination in Cyberspace: the Case of Domain Names
Reflections on Exclusion and Coordination in Cyberspace: The Case of Domain Names Margaret Jane Radin* and R. Polk Wagner** Preliminary Draft, December 1996 I. THE DOMAIN NAMES SYSTEM 4 A. The Distributed, Coordinated Network 4 B. The Internet Addressing Standard 6 C. Domain Naming Conventions and Domain Name Registration Processes 11 II. DISPUTES OVER DOMAIN NAMES: DOMAIN NAMES AS INTELLECTUAL PROPERTY? 15 A. An Evolutionary Perspective on the Propertization of Domain Names 16 B. Mutant Trademarks? Or Something Else? 27 III. TOWARD PRIVATE ORDERING (PROPERTY AND CONTRACT) IN A GLOBAL NETWORKED ENVIRONMENT 33 A. The Internet as a Self-Ordering Legal Environment 36 B. The Limits of Self-Ordering? 41 INTRODUCTION Anyone who has had occasion to look at any commercial websites or to send e-mail to a company has had contact with Internet domain names, of the form [commercial name].com. By now many people are familiar with netscape.com, microsoft.com, yahoo.com, etc. So far these names have been registered on a first-come, first-served basis to those who pay a small fee to an Internet governance organization. As the Internet has burgeoned into a commercial infrastructure, fierce disputes have arisen over domain names. Should ³roadrunner.com² belong to an Internet Service Provider (ISP) named Roadrunner, Inc., or to Warner Brothers, the owner of the cartoon character who always bests Wile E. Coyote?{1} Brokering of domain names has sprung up. An enterprising man named Toeppen has registered many domain names corresponding to big companies, apparently with the hope of ³selling² them to the companies when those companies ³wise up² about the necessity of a presence on the Internet.{2} A Vancouver company, MailBank, has spent U.S. -
The Domain Name System
The Domain Name System David Conrad [email protected] Nominum, Inc. Copyright © 1999 Acme Byte & Wire LLC Copyright © 1999 Internet Software Consortium Overview • Introduction • History • Name space structure • Technical details • Administrative details • Political details • Futures •Summary Copyright © 1999 Acme Byte & Wire LLC Copyright © 1999 Internet Software Consortium Introduction • For the Internet to operate, certain globally unique identifiers must exist – Protocol numbers, port numbers, addresses, names, etc. • Administration of these identifiers is done by the Internet Assigned Numbers Authority (IANA) – The IANA delegates the administration of some of these resources to other entities – Names are by far the most contentious Copyright © 1999 Acme Byte & Wire LLC Copyright © 1999 Internet Software Consortium Names vs. Addresses • In the Internet, an address provides information on how to reach a particular place – Usually hierarchical in nature • Cherry Hills Ogikubo #301, 4-6-6 Ogikubo Suginami-ku, Tokyo, Japan • +1-808-329-6085 • 202.12.28.129 • Names identify an object once its location is known – Any hierarchy is administrative only • David R. Conrad •Tokyo • isc.org • People use names, machines use addresses Copyright © 1999 Acme Byte & Wire LLC Copyright © 1999 Internet Software Consortium The Domain Name System • A system which permits humans to use names and machines to use addresses • Scalable – Over 90 million entries in the global DNS now • Consistent – You get the same answer where ever you ask • Resilient -
Towards Improving DNS Security, Stability, and Resiliency
Towards Improving DNS Security, Stability, and Resiliency David Conrad www.internetsociety.org Towards Improving DNS Security, Stability, and Resiliency © 2012 Internet Society DNS Resiliency Towards Improving DNS Security, Stability, and Resiliency Executive Summary The Domain Name System, continually evolving since its invention 30 years ago, is a core component of the Internet. Translation services provided by the DNS create a mapping between human friendly names and machine-preferred numbers (and vice versa). The DNS is used by the majority of services and applications available today in the Internet. As the Internet has become a critical resource with constant security attacks and threats, the DNS has also been attacked and threatened. While the threats to the DNS are significant, mitigations can either eliminate or limit many of the risks to the DNS. At the same time, new protocol developments and operational best practices have increased the resilience, stability and security of the DNS protocol and the global DNS infrastructure. The goal of this paper is to produce a comprehensive view on the DNS threats, their potential impacts, and available mitigation technologies and strategies. This paper begins by providing an overview of the DNS and its evolution. Then, threats to and from the DNS are described, followed by the discussion of mitigation technologies and strategies. This discussion is summarized at the end in a set of recommendations aimed at addressing the risks associated with the Internet’s DNS. This paper provides background information for the continuing dialog on the challeng- es the DNS faces, ways to further improve and evolve the DNS, and how to increase the security, stability, and resilience of the DNS.