- NA-Discuss - lists.icann.org

Phishing - Anti-Phishing Consumer Protection Act (APCPA) and ICANN
by Jeffrey A. Williams Aug. 23, 2008

Aug. 23, 2008

All, In consideration of what ICANN has identified as a glaring issue, one might want to review the following: http://www.eff.org/deeplinks/2008/03/free-speech-double-whammy-flawed-anti-… http://thomas.loc.gov/cgi-bin/query/F?c110:1:./temp/~c110NOFBDB:e2102: At least I would highly recommend reviewing such closely. I believe it is in ICANN's best interest to come to a good resolution in respect to dealing with Phishing. There are a number of good technical means to do so already available and should be incorporated into ICANN RAA contracts as required amended provisions. I, and our members oppose the above referenced act mainly on the grounds it does not protect anonymous speech, and further does not even address comparative use explicitly, as Ms. Corynne clearly points out, and quite rightly so. It also seems obvious to me that in the case of IDN gTLD Domain Names and new gTLD DN's in the offing, that additional phishing will likely occur and this legislation cannot necessarily extend to those relative jurisdictions, i.e. non-US jurisdictions necessarily. Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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5 September 1300 UTC: Board Liaison Candidates Presentation
by At-Large Staff Aug. 22, 2008

Aug. 22, 2008

Dear all, We would like to invite you to a conference call with the ALAC Board Liaison candidates. Following a short introduction of the candidates, Wendy Seltzer and Beau Brendler will be available to answer your questions. The conference will be Friday September 5th from 1300 UTC to 1400 UTC . There will be simultaneous interpretation into French and Spanish. Participants are requested to provide their comments or questions in advance, to the extent possible, at the following URL by using the ³Comment² button at the top of the page: https://st.icann.org/alac/index.cgi?board_liaison_candidates_presentation You may also find participation instructions and the curricula vitae of the candidates on this page. Regards, Nick Ashton-Hart, Matthias Langenegger, Frederic Teboul ICANN At-Large Staff email: staff(a)atlarge.icann.org

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MPAA/IPC member slap-down: Fair Use Must Be Considered In DMCA Notices
by Jeffrey A. Williams Aug. 21, 2008

Aug. 21, 2008

All, Yet another example, and these examples are mounting, how ICANN's IPconstituency's members, in this case Universal, a MPAA member as well, gets it's hat handed to it! I personally hope that again this one costs Universal a boat load of $$ in Ms. Lenz damages follow on law suit... Maybe one day, ICANN, the IPconstituency, will learn that picking on babies and mothers is a definite no-no, and using DMCA as an intimidation medium to do so is even a far worse no-no. Maybe one day the legal representatives for Universal will advise their clients to be much more considerate in the future, and more wisely advise their clients or stop being so knee jerk in filing law suits, but some how I doubt it. See: http://www.eff.org/support I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a [1]copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who http://blog.wired.com/27bstroke6/2008/08/judge-copyright.html file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them programs which are incapable of making subjective considerations like fair use might want to think again before rubber stamping computer-generated DMCA Takedown notices." Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Canadian Privacy Czar Wants To Anonymize Court Records On the Web
by Jeffrey A. Williams Aug. 21, 2008

Aug. 21, 2008

All, As food for thought: The web is evil and must be stopped because it makes public information too public. So says Canada's Privacy Commissioner. She wants to http://www.thestar.com/News/Canada/article/481857 'anonymize' court records by substituting initials for names. The Toronto Star quotes Jennifer Stodddart as saying 'The open court rule, which is extremely historically important, has now become distorted by the effect of massive search engines... Court decisions and other related documents, which contain all sorts of personal information, are now searchable worldwide, which was never intended when openness rules were devised.' All Stoddart's proposal would do is erect a minor barrier for the techno unsaavy. Researchers, reporters, geeks, and most teenagers would still be able to figure out who's who. Stoddart seems to believe only in an abstract notion of freedom and access but only as long as not too many people use it and no one suffers. She cites the case of someone who is upset at reading the divorce case of her parents. Is Stoddart a danger or a menace? Or just clueless? Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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[Fwd: Re: [ga] DN TLD Allocation Implementation Processes]
by Jeffrey A. Williams Aug. 20, 2008

Aug. 20, 2008

All, As an FYI and my response for our members... Note of observation and interest: Seems obvious to me that the ALAC has been far less than actively enguaged in this very improtant user issue... -------- Original Message -------- Subject: Re: [ga] DN TLD Allocation Implementation Processes Date: Wed, 20 Aug 2008 00:37:39 -0700 From: "Jeffrey A. Williams" <jwkckid1(a)ix.netcom.com> Organization: IDNS and Spokesman for INEGroup To: Glen de Saint Géry <Glen(a)icann.org>,fast-track-IDN-ccTLDs(a)icann.org, Ga <ga(a)gnso.icann.org>,newgtld(a)icann.org, GAC Rep <ssene(a)ntia.doc.gov> References: <05B243F724B2284986522B6ACD0504D788D60D3CC4(a)EXVPMBX100-1.exc.icann.org> Glen and all, Again, thank you for sending this update. Based on what our members have thus far reviewed and sent in comments in on there are a few substative concerning areas in the IDN gTLD proposal, and the new gTLD selection process that our members have that need addressing and have been articulated before that still don't seem to be addressed in ICANN's process documents you provided links to below. The remainder on specific comments are below, interspersed as is appropriate... Glen de Saint Géry wrote: > [To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] > [To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] > [To: regional-liaisons[at]icann.org] > > http://www.icann.org/en/announcements/announcement-20aug08-en.htm > IDN TLD Allocation Implementation Processes > > 20 August 2008 > > Following the progress on the IDN TLD allocation processes during the ICANN meeting in Paris a new area has been made available to describe IDN policy development and IDN ccTLD allocation developments under ICANN's IDN Area: http://icann.org/en/topics/idn. > > At the Paris meeting, the Board approved both of the processes described below for implementation. > > In relation to the IDN ccTLD "fast track" process it was resolved that the Board directs staff to: "(1) post the IDNC WG final report for public comments; (2) commence work on implementation issues in consultation with relevant stakeholders; and (3) submit a detailed implementation report including a list of any outstanding issues to the Board in advance of the ICANN Cairo meeting in November 2008." Concerns here are much along the lines that Karl outlined in his original comments and concerns in this part of the process being considered. Such being that ICANN is hardly in a good business possition to be making business decisions as to which, what, and how new IDN gTLD's should be, or must be introduced and would in accordance with US law a predisposed and determined with stated intent to restrain trade and subject to such a legal challange accordingly. > > Fast-track IDN ccTLD Activities > http://www.icann.org/en/topics/idn/fast-track/ > > On a related note, the ICANN Board also adopted "the GNSO policy recommendations for the introduction of new gTLDs. > http://www.icann.org/en/announcements/announcement-15jul08-en.htm > And further that the Board directs staff to continue to further develop and complete its detailed implementation plan, continue communication with the community on such work, and provide the Board with a final version of the implementation proposals for the board and community to approve before the new gTLD introduction process is launched." Two main problems here, one is that there is no outlined or specified cost determined, second and more importantly is that yet again predetermining with willfull and stated intent to dictate any implimentation method would almost certainly be a restraint of trade, and as such be inconsistant with the "Do no harm" doctrine of DOC/NTIA as well as face likely legal challange. Additional problems with the GNSO recomendations is that they do not take into account for already existing gTLD's in other root structures currently in use in commerce setting up a very possible gTLD collision senerio far worse than .BIZ was and to a degree, remains. > > New gTLD Program > http://www.icann.org/en/topics/new-gtld-program.htm > > Glen de Saint Géry > GNSO Secretariat > gnso.secretariat(a)gnso.icann.org > http://gnso.icann.org Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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26 August 1300 UTC: Briefing Session on Registrar Impersonation in Phishing Attacks
by At-Large Staff Aug. 19, 2008

Aug. 19, 2008

Dear all, We would like to invite you to a briefing attended by Dave Piscitello from the Security and Stability Advisory Committee (SSAC) on Registrar Impersonation in Phishing Attacks. The briefing will be on August 26th at 1300 UTC. The meeting will be recorded and there will be simultaneous interpretation in French and Spanish. Please find the SSAC Advisory on Registrar Impersonation and participation instructions on the meeting page. There is also a link to follow this presentation using Adobe Connect. https://st.icann.org/alac/index.cgi?registrar_impersonation_in_phishing_atta cks What is Registrar Impersonation in Phishing Attacks? The attacker impersonates a domain name registrar and sends an expected or anticipated correspondence to a registrar¹s customer (a registrant) regarding a domain name related matter. Examples of expected correspondence include a notice of pending expiration of a domain name registration, a promotional email, a notice informing the registrant of an account management issue, or generally, any correspondence that requires or encourages a customer¹s immediate attention. The correspondence, however, is bogus. The phisher creates a web site that is deceptively similar to the registrar¹s site to induce the customer into accessing his domain management account and unwittingly disclose his account credentials to the phisher. The phisher will use the customer¹s captured credentials to access the customer¹s domain name portfolio, alter DNS information of domain name(s) in that account and use the domains to abet additional attacks. Regards, Nick Ashton-Hart, Matthias Langenegger, Frederic Teboul ICANN At-Large Staff email: staff(a)atlarge.icann.org

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RIAA 'Elektra V. Barker' Case Is Settled
by Jeffrey A. Williams Aug. 19, 2008

Aug. 19, 2008

All, Yet again the rubber, so to speek, has met the road here. This will not likely be the end of this saga, although the end of this phase of this case. Next will be personel damages phase... Yet again also, this clearly demonstrates that the RIAA, as bad actors along with ICANN's IPC, needs intense adult supervision at a minimum and ICANN still hasn't gotten the message that the RIAA has to go! These "Wingnuts" need the boot... See: http://recordingindustryvspeople.blogspot.com/ writes " http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-d… Elektra v. Barker, one of the leading cases repudiating the RIAA's 'making available' theory, http://recordingindustryvspeople.blogspot.com/2008/08/elektra-v-barker-is-s… has been settled. Unlike in most cases, the http://beckermanlegal.com/Documents/elektra_barker_080818StipSoOrdered.pdf actual settlement agreement (PDF) is on file with the Court, and a matter of public record. Now Ms. Barker's http://yro.slashdot.org/article.pl?sid=08/07/28/1658212&tid=123 attack on the constitutionality of the RIAA's damages theory, as well as her other defenses including unclean hands based on MediaSentry's illegal behavior, the RIAA's inability to sue for statutory damages, and http://yro.slashdot.org/article.pl?sid=08/08/09/1912245&tid=123 innocent infringement will not be adjudicated, and it will fall on the shoulders of other defendants to carry the day on those issues. Ms. Barker, a young social worker who lives in the Bronx, once told http://p2pnet.net/story/10880 p2pnet "I love music. I grew up in a house where music was played all the time. We had milk crates filled with albums.... So to be sued for having music files on my computer is an insult. It's a slap in the face. This experience has left such a bad taste in my mouth that I wanted to swear off music."" Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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More Phishing problems not in ICANN's report: New Zealand University eMail Server Used to Send Spam
by Jeffrey A. Williams Aug. 18, 2008

Aug. 18, 2008

All, Seems ICANN's own COB's home countries main universities is also engaged in Phishing... I for one am not surprised... See: Four staff members at the University of Otago (New Zealand) fell prey to a spear phishing attack that tricked them into providing their login credentials. The attackers used the information to gain access to the University's computer email server and used it to send about 1.55 million spam emails. The phishing emails appeared to come from the University's IT department; the recipients were asked to provide user names and passwords or else their access to email would be revoked. University of Otago staff members have been warned that requests for login information are "most likely fraudulent." http://www.odt.co.nz/print/17905 Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Update/follow-on: oman Wrongly Sued by RIAA Awarded More Than US $100, 000 in Legal Fees
by Jeffrey A. Williams Aug. 18, 2008

Aug. 18, 2008

All, Again, shouldn't we be asking/demanding that ICANN's IPC revoke the RIAA's membership? See: (August 15 & 18, 2008) A US Federal Court has awarded Tanya Andersen more than US $100,000 in legal fees and interest following her successful fight against a lawsuit brought by the Recording Industry Association of America (RIAA). The RIAA accused Andersen and her eight-year-old daughter of illegally downloading music onto their PC. Andersen denied the allegations and offered her computer for the RIAA to inspect. The RIAA declined the offer and served papers on Andersen. During the court case, her PC was inspected by the RIAA, which found no evidence of wrongdoing. The case was eventually dropped. Andersen has filed a separate lawsuit against the RIAA for malicious prosecution. http://www.vnunet.com/vnunet/news/2224122/single-mum-wins-107-951-riaa http://yro.slashdot.org/article.pl?sid=08/08/15/1145236 http://www.theinquirer.net/gb/inquirer/news/2008/08/15/music-weasels-pay-ta… Also see related note this link for new research on possible abuse of DMCA takedown notices: http://dmca.cs.washington.edu/ ] Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Re: [NA-Discuss] [ga] FW: ccNSO Phishing survey results
by Jeffrey A. Williams Aug. 18, 2008

Aug. 18, 2008

Glen and all, Thank you for forwarding this along, much appreciated. Unfortunately it seems that this report has done little to reduce the phishing activity. Reporting is fine, but actually doing something about Phishers is what ICANN should focus it's attention on. That unfortunately, ICANN's SSAC has done little, if anything. We find this to be less than exceptable and a ongoing demonstration of poor leadership. As such, our members will continue to take more aggressive steps to thwart phishing anywhere, anytime, and every time we recognize it occurring. We will of course work with relevant LEA's as is appropriate and have shown to be effective and consistent. Let me again express our members noticed and reported Registries and Registrars whom have Domain Names that frequently engage in phishing. The most significant offenders are as follows: Enom Godaddy Network Solutions Afilias We believe that if effective corrective action regarding these contracted agents of ICANN whos abusive registrants and lack of proper enforcement on same is not taken forthwith, that ICANN has abrogated it's public responsibility and obligation under the MOU, accordingly. Glen de Saint Géry wrote: > [To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] > [To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] > [To: regional-liaisons[at]icann.org] > > Dear All, > > Please note that the ccNSO phishing survey report is posted at: > http://www.ccnso.icann.org/surveys/phishing-issues-survey-results-jun08.pdf > > The survey was conducted in spring -08, the results presented at the Paris meeting and the report published early August. > > Thank you. > Kind regards, > > Glen de Saint Géry > GNSO Secretariat > gnso.secretariat(a)gnso.icann.org > http://gnso.icann.org Glen de Saint Géry wrote: > [To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] > [To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] > [To: regional-liaisons[at]icann.org] > > Dear All, > > Please note that the ccNSO phishing survey report is posted at: > http://www.ccnso.icann.org/surveys/phishing-issues-survey-results-jun08.pdf > > The survey was conducted in spring -08, the results presented at the Paris meeting and the report published early August. > > Thank you. > Kind regards, > > Glen de Saint Géry > GNSO Secretariat > gnso.secretariat(a)gnso.icann.org > http://gnso.icann.org Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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