- NA-Discuss - lists.icann.org

Re: [NA-Discuss] [At-Large] Post-Paris Review
by Roberto Gaetano July 16, 2008

July 16, 2008

Izumi AIZU wrote: > Well, so what,,, yes. I would rather like to have a clear > policy on "conflict of interest" for all officers of ICANN, > including Board members and GNSO council, than just targeting > the ALAC travel funding. Of course, ALAC also should have the > conflict of interest policy and its enforcement. I am not under the impression that it is the ALAC travel funding that is targeted. For sure, the ALAC Summit (that I personally endorse, support, and look forward to) is making some eyebrows rise, considering the impact on the budget. However, I believe that the key issue is to have a fair policy by which ICANN does not finance folks who would have participated anyway, paid by their employers (or supporters, or lobbying groups, or whatever). We will never be able to have a perfect mechanism by which we can flag each individual asking for funding as "deserving" or "not-deserving" the funding: it might in the end cost more to do proper and thorough due diligence than to apply looser criteria. However, one principle has to be kept as a key issue: transparency. I think (and I am talking in my personal capacity, not as a Board member) that the names of the people whose travel (or other expenditure) is funded by ICANN should be public, possibly with a short sentence explaining in what capacity the individual is funded. The amount of the funding should not be disclosed, though, simply because while there is a "need to know" who is being funded, and why, there is no "need to know" how much the real cost is. Public scrutiny should be directed to the principles governing the policy, not the accounting details. I fully understand Izumi's concerns about cultural differences, but we have to establish some basic principles for transparency and accountability, failing which we might expose the organization (and ourselves) not only to heavy criticism, but to suspicion of dealing with funding in a way that is not compliant with the expoused principles. Cheers, Roberto

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Post-Paris Review
by Wendy Seltzer July 16, 2008

July 16, 2008

Hi Folks, Evan asked us to send Paris meeting retrospectives, so here's mine (to NA and ALAC): The Paris meeting was officially scheduled Mon-Thurs, with GNSO Council meetings beginning Saturday and Board workshop Sunday. This was a day shorter than previous meetings, and I found the truncation materially cut into the time to meet for hallway conversation and move among constituencies, which is, to my mind, the most valuable part of the face-to-face In addition, I was in board meetings for much of the time and so unable to attend much of the ALAC meeting. Topic areas: new gTLDs, including IDN Fast Track GNSO reform ALAC review Summit/travel policy The meeting saw important, but over-hyped progress on new gTLDs. The Board approved the GNSO's complex procedure, complete with the grounds for objection on "morality" and "lack of community support" grounds to which ALAC has voiced its objection. I thank NA members, among others, for their work in drafting a statement I could reference in my comments about the flaws in this policy. Whatever happens, this will hardly be "the greatest expansion of the Internet in 40 years," as an early version of the ICANN PR crowed. There is also movement on the IDN-CC fast-track. The Board held off voting on the GNSO restructuring, giving constituencies and liaised groups a 30-day deadline to reach consensus on alternatives. I hope we'll get reports from Alan on the status of these discussions The consultants gave their report on the ALAC Review. Many of us disagreed with their fact-gathering, analysis, and conclusions! I hope we'll put those into constructive suggestions to the Board ALAC Review Working Group. The Board resolved to support the ALAC summit, remarking at the same time that ALAC's overall funding levels were being reviewed in the new travel policy. If we have comments on travel policy and funding, we need to make those heard. Thanks, and comments welcome! --Wendy -- Wendy Seltzer -- wendy(a)seltzer.org Visiting Professor, American University Washington College of Law Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/ https://www.torproject.org/

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Questionnaires
by Thompson, Darlene July 16, 2008

July 16, 2008

Hi all, Further to one of my last e-mails (the FOR SHAME one), attached are the two questionnaires that need to be filled out ASAP. Thank you, D ᑕᓕᓐ ᑕᒻᓴᓐ ᓄᓇᓕᖕᓂ ᖃᕆᓴᐅᔭᕐᕕᒋᔭᐅᔪᓐᓇᕐᑐᓄᑦ ᑎᑎᕋᖅᑎ ᑮᓇᐅᔭᓕᕆᓂᕐᒧᑦ ᐊᐅᓚᑦᑎᔨᒃᑯᑦ ᐱᔨᑦᑎᕋᖅᕕᖓᑦ ᐃᓕᓐᓂᐊᕐᓂᓕᕆᔨᒃᑯᑦ ᓄᓇᕗᑦ ᒐᕙᒪᖓᑦ ᑎᑎᖅᑲᓂᐊᕐᕕᖓ 1000, ᐊᓪᓚᕝᕕᖓ 910 ᐃᖃᓗᐃᑦ, ᓄᓇᕗᑦ dthompson(a)gov.nu.ca ᐅᖄᓚᐅᑎ: 867 975-5631 ᓱᑲᑦᑐᒃᑰᕈᑎ: 867 975-5610 Taliin Taamsan Nunalingni Qaritauyani Atuqtauningitnun Titiraqtia Nunavut Kavamangat Titiraqarvia 1000, Nayugaa 910 Iqaluit, Nunavut dthompson(a)gov.nu.ca Hivayautik : 867 975-5631 Kayumiktuk : 867 975-5610 Darlene Thompson Community Access Program Administrator Corporate Services Division Department of Education Government of Nunavut PO Box 1000, Station 910 Iqaluit, Nunavut, X0A 0H0 dthompson(a)gov.nu.ca Ph: 867 975-5631 Fax: 867 975-5610 Darlene Thompson Administratrice du programme d’accès communautaire Division des services ministériels Ministère de l’Éducation Gouvernement du Nunavut Case postale 1000, Succursale 910 Iqaluit Nunavut, X0A 0H0 dthompson(a)gov.nu.ca Tél. : 867 975-5631 Téléc. : 867 975-5610

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RAA Amendments Consultation
by At-Large Staff July 16, 2008

July 16, 2008

Dear All: FYI, with respect to the RAA Consultation, as I mentioned to many of you in Paris, the documents are being translated now and should be ready shortly. Beau, the lead on ALAC for the RAA Working Group, has asked that a briefing be scheduled for the members of the WG and we are working on arranging this at present. -- Regards, Nick Ashton-Hart, Matthias Langenegger, Frederic Teboul ICANN At-Large Staff email: staff(a)atlarge.icann.org

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Gmail Reveals the Names of All Users
by Jeffrey A. Williams July 16, 2008

July 16, 2008

All, especially Vint, Well Vint, seems yet again Google has proven their disregard for your users privacy and security. Bad show, IMO! Thanks allot for propagating even more UCE/Spam there Vint! >:( < sarcasm intended > Oh yes, and BTW Vint, now that this errant mistake has surfaced, how long to you think it is going to be before technical terrorist or organized Internet crime groups are going to exploit it? My guess is, it's already too late... Second question Vint: Why in the HELL don't you folks at Google test out your code vigorously BEFORE you release it to the public? You of all people should know better. See: Have you ever wanted to know the name of admin(a)gmail.com? Now you can. Through a bug in Google calendars http://blog.holdenkarau.com/2008/07/gaping-whole-in-gmail-privacy.html the names of all registered Gmail accounts are now readily available. All you need to find out the names of any gmail address is a Google calendar account yourself. Depending on your view this ranges from a harmless "feature" to a rather serious privacy violation. According to some reports, spammers are already exploiting this "feature"/bug to send personalized spam messages. 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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Europe May Put ACTA Back On Faster Track
by Jeffrey A. Williams July 16, 2008

July 16, 2008

All, FYI: [ Picked text/plain from multipart/alternative ] http://www.ip-watch.org/weblog/index.php?p=1152 Intellectual Property Watch 16 July 2008 Europe May Put ACTA Back On Faster Track By Monika Ermert for Intellectual Property Watch Despite earlier statements by European negotiators that the planned Anti-Counterfeiting Trade Agreement (ACTA) would need time for fine- tuning, nations seem to accept a fast track movement now. ACTA has been mentioned as an agenda item of the French presidency of the European Union (from July to January), the European Commissions Trade Directorate General (DG Trade) prepared a public report about its consultation with stakeholders in June, and the European Parliament has included ACTA in a draft report on the impact of counterfeiting on international trade. On Tuesday, Luc Chatel, secretary of state for consumer affairs and industry, and spokesman for the French government, explained that [pdf] the fight against piracy and counterfeiting is high on the agenda of the French presidency. Chatel said, During her presidency, France will work hard to make progress in this fight by taking a global approach. France would aim to present, during the EU Council meeting on competition policies 25-26 September, an integrated concept including a new plan for border controls that would update the border regulation currently in effect. In addition to creating an observatory against counterfeiting and better cooperation and information exchange among EU governments - using also the European Anti-Fraud Office, ACTA is indispensable to realising global cooperation and the enforcement of IP rights, Chatel said. A DG Trade spokesperson told Intellectual Property Watch, If you have the G8 leaders and the EU presidency behind it, then clearly there is a lot of dynamism. The Commission is prepared to help move forward with the negotiations. DG Trade is preparing a public report on its consultation with stakeholders on 23 June attended by around one hundred participants from industry and civil society. The European Parliaments Committee on International Trade also is working on the issue. International Trade Committee Member Daniel Caspary, European Peoples Party (EPP) member, told Intellectual Property Watch that he welcomes the approach of targeted global penal law sanctions. There are some questions with regard to civil rights, he said. But the Commission, which has been mandated to negotiate for the EU by the Council of Ministers, promised to take care of this issue. Draft Report sees ACTA as Pressure Tool Caspary said he is expecting amendments seeking safeguards for fundamental civil rights to a draft Parliament Report on the impact of counterfeiting on international trade prepared by liberal MEP Gianluca Susta. The report is clearly positive about ACTA and proposes that the full Parliament should call on the Commission to continue its fight against counterfeiting and piracy in parallel with the multilateral negotiations, also by means of bilateral, regional and multilateral agreements and also should call on the Commission and the member states to make all appropriate efforts to achieve a swift and satisfactory conclusion to the ACTA agreement. The entry into force of ACTA, Susta said in the report, would be an essential international benchmark and could ensure that counterfeiting is suppressed more effectively and provide an important tool for putting pressure on non-signatory third countries. The draft report also welcomes the growing interest by WTO member countries in ACTA and would hope that the agreement could also be signed by China. Caspary said it was clear to him that searches by border control authorities, for example in China, had to be backed by a judges decision. Anything else is impossible, he said, because otherwise one would open the gates for industrial espionage. Caspary downplayed the fact that for an assessment of ACTA members of Parliament should at least have a look at the draft text. Other observers confirmed that during an update given to the Trade Committee by DG Trade officials there were requests for the document. But so far ACTA negotiations have been held behind closed doors. The next meeting of negotiators is expected at the end of the month after a meeting planned for this week had to be postponed, sources said. A Critical Assessment of EU Bilateral Trade Agreements A more cautious approach in bilateral trade agreements with regard to fighting counterfeiting and piracy is recommended in a briefing paper requested by the International Trade Committee and prepared by Duncan Matthews of Queen Mary College, University of London. Matthews asks in his summary that inclusion of IP enforcement in agreements had to be done on the basis of adequate evidence on the level of counterfeiting and piracy, recommends that the European Parliament should consider the need to balance flexibilities in the TRIPS agreement with the need for additional provisions in bilateral agreements and warns that agreements that contain provisions on recourse to bilateral dispute settlement mechanisms risk weakening the multilateral dispute settlement system. TRIPS refers to the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights. As IP rights are private rights, the main responsibility for taking measures to protect and enforce intellectual property rights should lie with individual right holders, said Matthews. He recommended establishing a parliamentary forum or an inter-parliamentary observatory to monitor and assess the impact of bilateral agreements in the fight against counterfeiting and piracy. On ACTA, he notes concerns by observers that ACTA would impose a narrow trade agenda at the expense of global cooperation and evidence- based policies, criminalising non-commercial copyright and trademark infringements, reinforcing digital rights management (DRM) technologies contrary to fair use principles in copyright law, and protecting internet service providers (ISPs) from liability for the actions of their subscribers. Matthews analysis might give some members of the EU Parliament second thoughts, yet so far it seems that Parliament will be kept outside of the negotiations. Parliament would be consulted, but as long as the Lisbon Treaty has not been signed there is no co-decision role for the Parliament on this, according to the DG Trade spokesman. Representatives of several non-governmental organisations have begun digging into the question of whether this legal assessment is correct, given that there was no harmonisation with regard to penal law sanctions against IP violations in the European Union. This has been blocked so far by member states. Monika Ermert may be reached at info(a)ip-watch.ch. 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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DNS Security holes: Not a Guessing Game, comments by Paul Vixie
by Jeffrey A. Williams July 16, 2008

July 16, 2008

All, FYI from circle ID: Comment by Paul Vixie http://www.circleid.com/posts/87143_dns_not_a_guessing_game/#4238 While ISC is totally ready and willing to cooperate with ICANN on the root zone demo David mentioned, that demo is of technology, not political will, and is therefore somewhat off-topic. I want the real root zone signed with a real key so that TLDs who sign themselves will have a secure place to publish their TLD keys. I have searched the world and I've busted into every smoke filled room on it, and I have still not found the person who can say "yes" to that, nor have I found the people who are currently saying "no". What I do know is that if ICANN and USG had the political will to make this happen, it would happen. My note: Well I find this interesting attempt to hold out the olive branch while at the same time attempting to keep a distance from ICANN. 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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New U.S. National IPR Coordination Center
by Jeffrey A. Williams July 15, 2008

July 15, 2008

All, An FYI that will be effecting all of us: The U.S. Departments of Homeland Security, Justice and Commerce and Postal Inspection Service announced last week the creation of a new National IPR Coordination Center that will be central point of the US federal government fight against counterfeiters. The fact sheet is available here: http://149.101.23.4/pi/news/factsheets/IPR_FS070117.htm I copied below the press release by Office of Public Affairs of the U.S. Department of Homeland Security US Immigration and Customs Enforcement July 10, 2008 Contact: Brandon Alvarez- Montgomery ICE Public Affairs Phone: (202) 538-1846 www.ice.gov News Release NEW NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER OPENS IN VIRGINIA Departments of Homeland Security, Justice and Commerce and Postal Inspection Service open command post to take joint action against counterfeiters WASHINGTON, D.C. The U.S. Department of Homeland Security announced today the opening of a new high-tech National Intellectual Property Rights Coordination Center (IPR Center) in Northern Virginia that will help maximize member agencies authorities and resources to counter the global threat of intellectual property rights violations. Intellectual property rights crimes are increasing in volume and complexity, costing legitimate companies and their hard-working employees billions in irreplaceable revenue, sa id Homeland Security Secretary Michael Chertoff. These crimes threaten the health and safety of American consumers, and put illicit funds in the hands of criminals here as well as unknown recipients overseas. This center will fuse federal resources and promote partnerships with industry in new and powerful ways to protect American business and consumers from falling victim to dangerous and illicit goods. The center will host the restructured partnership of its components, U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection, with the Department of Commerce, Health and Human Services Food and Drug Administration, the Department of Justices Federal Bureau of Investigation and the U.S. Postal Inspection Service to combat counterfeiting and trademark piracy. Intellectual property is one of Americas most precious assets, said U.S. Secretary of Commerce Carlos M. Gutierrez. The Bush Administration has recognized the critical task of protecting intellectual property both domestically and internationally. This new IPR Center is just another example of this Administration stepping- up the fight against counterfeiting and piracy. DHS Secretary Michael Chertoff and Commerce Secretary Carlos M. Gutierrez joined business leaders, members of Congress and law enforcement officials to dedicate the new facility in Crystal City, Va., and to explain how this state-of-the- art center will function. The ICE- led IPR Center co-locates, for the first time, the regulators and law enforcement agencies that work to protect public safety and national security by stopping the importation of counterfeit, substandard and tainted products and the theft of intellectual property. Private sector rights holders across industries, across regions, and even among competitors will unanimously agree that the fight against IP crime cannot be won in isolation, said Keith Williams, president and CEO for Underwriters Laboratories, one of the world s leading product safety testing and certification organizations, who took part in the ceremony. The Center is perfectly positioned to build global partnerships capable of achieving exponential success in our collective battle against counterfeiting while fostering innovation, encouraging investment in research and development, and ultimately protecting the health and safety of consumers. Since 2000, the IPR Center has been the federal governments central point of contact in the fight against IPR violators. Under the new structure, and in the state-of-the-art facility, partners will employ a task force model to more effectively use authorities and resources to attack this international problem. The agencies will jointly manage investigative leads, investigations and operations and head off conflicts in enforc ement activity. In addition, they will strategically reach out nationally and internationally to train other law enforcement at every level about investigative best practices, to broaden intellectual property protection and to expand transnational enforcement capabilities. For international law enforcement agencies, the IPR Center will serve as a one-stop shop for partnering with the U.S. government to dismantle the criminal enterprises behind the flow of counterfeit items. For more information, contact: The National Intellectual Property Rights Coordination Center, 2451 Crystal Dr., Suite 200, Arlington, Va. 22202, 1 866-IPR-2060. E- mail is IPRCenter(a)dhs.gov # ICE # U.S. Immigration and Customs Enforcement was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. 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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Today's Senate hearing on IP enforcement
by Jeffrey A. Williams July 15, 2008

July 15, 2008

All, An FYI that effects us all: Today's hearing at the Senate Finance Committee International Enforcement of Intellectual Property Rights and American Competitiveness July 15, 2008 at 10:00 a.m., in 215 Dirksen Senate Office Building Member Statements: Max Baucus, MT Charles Grassley, IA Witness Statements: Andrew Lack, Chairman, SONY BMG Music Entertainment, New York, NY Jeffrey Kindler, Chairman & Chief Executive Officer, Pfizer Inc., New York, NY John Barton, George E. Osborne Professor of Law, Emeritus, Stanford Law School, Stanford, CA J. Walter Cahill, International Vice President, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts, Washington, DC http://finance.senate.gov/sitepages/hearing071508.htm Andrew Lack: QUOTE The content community, governments, consumers, and ISPs themselves are beginning to respect the notion that the carriers of digital content must play a responsible role in curbing the systemic piracy that is threatening the future of all digital commerce. Industry has been hard at work on these critical issues, but we need the help of the U.S. and foreign governments to make the Internet safe for e-commerce in copyrighted material by encouraging marketplace solutions to take hold. END of QUOTE Testimony of Andy Lack Chairman, SONY BMG Music Entertainment before the Senate Finance Committee on International Enforcement of Intellectual Property Rights and American Competitiveness July 15, 2008 Good morning. My name is Andy Lack, and I am Chairman of SONY BMG Music Entertainment. Thank you for the opportunity to address the Committee on the issue of intellectual property protection in global markets. I commend Chairman Baucus, Ranking Member Grassley, and the members of the Committee for recognizing that this issue is of great importance to the entire U.S. creative community, as well as to the U.S. economy and to U.S. society as a whole. This Committee has been a tremendous champion for strong and effective copyright protection in global markets, and I thank you for your leadership. Sony BMG is a recorded music joint venture that operates in more than 40 markets around the world and employs approximately 2300 workers in the United States. Headquartered in New York, SONY BMG is one of the four major record companies in the music industry. I think its worthwhile to highlight that, even though SONY BMG is a global company with integrated interests in all facets of the music business, ultimately our assets are thoroughly intangible because they are based in the creative work of the artists themselves. For this reason, economic survival in the music industry is reliant upon the adequate protection of intellectual property. The stakes for our national economy are high. It has been reported, and the Administration has so testified before Congress, that roughly 40% of the U.S. economy is dependent upon IP protection in one way or another, and the core copyright industries are alone responsible for an estimated 6% of U.S. GDP. But the continued growth of this vital economic sector is seriously at risk. This Committee has highlighted the importance of the global fight against piracy, and we need your help now more than ever. My industrys story is but one, yet it is telling: While people listen to more music today than at any point in recorded history, paid consumption is sharply down, as piracy and the acquisition of music through illegal channels continues to skyrocket. Creating opportunities for business growth is critical to ensuring the survival of one of the world's most vital, diverse and competitive industries. The record industry currently faces a piracy phenomenon on two fronts. One involves the physical marketplace, in which we confront increasingly organized and multinational criminal enterprises involved in massive production and trafficking of pirate CDs and other optical media. The second front of the piracy war exists in the online marketplace. Here, too, global criminal organizations are engaged in illegal distribution directed at generally law abiding citizens who, in the privacy of their own homes, are now actively involved in trading or sharing unauthorized recorded music files. It is necessary that any global IP protection regime address the piracy problem on both the physical and digital fronts. Page - 2 - Music companies are not alone in confronting the pernicious threat of counterfeit products and digital theft. A coalition spearheaded by the U.S. Chamber of Commerce and the National Association of Manufacturers, The Coalition Against Counterfeiting and Piracy (CACP), has highlighted the broad scope of the threat that counterfeiting and digital theft poses to the U.S. across more than two dozen sectors of the U.S. economy. The Coalition has emphasized that the threat from counterfeiting and digital theft robs the U.S. economy of hundreds of billions of dollars of GDP and hundreds of thousands jobs, threatens health and safety in many sectors, and is driven by organized crime. SONY BMG has employed a multi-pronged strategy to address these challenges. First, we are expanding legitimate avenues for digital distribution through creative new business models and experimental licensing arrangements. Second, we are educating the public and our industry partners about the risks involved with piracy and steps they can take to curb infringement. And, finally, we are taking enforcement actions against infringers, and against services that effectively encourage or induce infringement. However, a company like SONY BMG, and copyright industry bodies like RIAA, cannot fight piracy on our own. Today's pirates often operate through multinational criminal syndicates simultaneously involved in replication, printing and distribution around the globe. They rely on traditional means of avoiding punishment such as bribery and other forms of corruption, but also have new tools in their arsenal that increase their stature -- force and other threats of violence, and the ability to rapidly change the location of the various components of their enterprises when confronted with governments prepared to tackle piracy issues. Pirates actively seek out jurisdictions in which either the law, lax enforcement of the law, or the general inefficiency and corruption of the judicial system, offer relative safety for their operations. Company representatives and counsel have in some countries already experienced threats on their lives or physical intimidation when their investigations began to make progress. In some cases, this has prevented any enforcement activity by the private sector. We therefore look to the U.S. Government for leadership, at home and in bilateral and multilateral settings, to keep intellectual property protection at the top of the enforcement agenda and ensure that law enforcement agencies have the necessary tools and underlying legal framework to accomplish their goals. Adequate enforcement requires adequate resources, and to that end we believe that law enforcement must have dedicated personnel who are focused on seeking out and stopping illegal trafficking in pirated goods. The U.S. Government should encourage countries with existing organized crime laws and investigative procedures to bring them to bear against syndicate operations involved in piracy. And where such laws and procedures are not in place, the U.S. Government should encourage governments to adopt them and to include, among predicate offenses, intellectual property rights violations. Aggressive and constant monitoring of the implementation of bi- and multilateral trade agreements by our trading partners to ensure compliance is of paramount importance, and we salute the work that USTR, working with other U.S. Government agencies, does in this Page - 3 - regard. We also applaud the U.S. Government for the actions it has taken to make China accountable for its piracy problem, specifically through the filing of actions at the WTO. Congress can continue to play a role in helping to ensure that our trading partners meet their obligations to provide adequate and effective copyright protection by holding oversight hearings such as this, by ensuring that the Administration has adequate resources to safeguard this unique American asset, and by ensuring that all trade programs provide maximum leverage to require beneficiary countries to provide effective copyright protection. Unilaterally extended U.S. benefit programs crafted by Congress continue to play a key role in providing incentives to countries to meet their IPR obligations. This Committee should also continue to pay close attention to Russias accession to the World Trade Organization (WTO). The Russian government wishes to join the WTO; however, to date they appear unwilling to take sufficient actions against rampant copyright piracy as they are required to do by the bilateral IPR agreement concluded between Russia and the United States in November 2006. We strongly advocate that the U.S. Government not complete the WTO accession process with Russia until Russia takes actions that effectively address this critical problem. There have been some promising developments in Russia, but compliance with the bilateral agreement that has been called the roadmap to WTO accession has not yet been achieved. We are particularly concerned by the lack of government action against the individuals responsible for allofmp3.com and other similar online sites, and against the rogue licensing societies that purported to grant licenses for content that they did not control. SONY BMG, in line with the industry as a whole, has been adapting our business to the dramatic changes brought about by the digital age. In the US, only five years after the music download business first emerged in a commercially meaningful way, 23 per cent of all recorded music sold is online or mobile. Record labels are becoming broad-based entertainment companies, developing new revenue streams. The consumer has better choice, availability and flexibility in enjoying music than ever before. Our digital revenues are growing and diversifying as our business model changes from one dominant format to hundreds of channels and products. However, while broadband Internet access offers exciting prospects for the legitimate dissemination of copyrighted materials of all kinds, too often high-speed Internet connections are being used to distribute unauthorized copies of sound recordings, software, videogames, literary material, and motion pictures. The unprecedented growth of the Internet and increased availability of broadband connections, coupled with the absence of adequate copyright law and/or enforcement in the online environment in many countries, has provided pirates with a highly efficient distribution network to reach the global market. Pirates offering and distributing infringing product can now reach any part of the world with ease, regardless of where they are physically located. Consequently, the U.S. copyright industries face the daunting task of trying to enforce their legal rights in an online world where borders and distances have decreasing practical significance, and where anonymity is claimed. Page - 4 - What tools do we have to address this type of online piracy where legal action by the industry does not suffice? First, of course, we have the framework of international trade law discussed above. But industry and government must also work together to address the particular legal and technological challenges of the electronic marketplace. The so-called WIPO Internet treaties adopted in 1996 set the stage for fair international digital distribution of music. These treaties represented significant and necessary improvements in the international legal structure. Of greatest importance, the treaties made it absolutely clear that copyright holders are permitted to control the electronic delivery of their works to individual members of the public. This both anticipated and responded to the realities of the electronic marketplace, where copyright owners rely increasingly on electronic delivery to meet consumer demand. This level of copyright protection, in conjunction with technical protections (also addressed in these treaties), is key to encouraging copyright owners to make their works available through these new media. It is critical that the marketplace, with government support, continue to develop its own solutions. To that end, SONY BMG and other content companies have begun to engage in a dialogue with our industry partners to find new ways to cooperate in the fight against piracy. In particular, this past year has witnessed a virtual explosion of global public interest in developing structures in which Internet Service Providers (ISPs) can enhance their role in addressing the unauthorized transmission of copyright content. This is an important development, because until now ISPs have not adequately responded to the massive theft that is occurring through their networks. Today, however, a shift is underway. The content community, governments, consumers, and ISPs themselves are beginning to respect the notion that the carriers of digital content must play a responsible role in curbing the systemic piracy that is threatening the future of all digital commerce. Industry has been hard at work on these critical issues, but we need the help of the U.S. and foreign governments to make the Internet safe for e-commerce in copyrighted material by encouraging marketplace solutions to take hold. Furthermore, renewed emphasis on law enforcement training is vital to giving enforcement authorities the tools they need to quickly locate infringing Internet sites and pursue actions against the offenders who commit the most damage and/or refuse to remove the infringing content. Public education about the dangers of online infringement must be emphasized as well. As global boundaries continue to lose much of their practical relevance because of Internet growth, so must the usual lines separating the roles of industry and government in policy, enforcement and education. Close coordination will be the key to success in this challenging new environment. Finally, I mentioned the broad-based CACP coalition earlier and I would urge the Committee to give positive consideration to proposals the CACP has endorsed with respect to the creation of high-level leadership positions in the Department of Homeland Security, Customs and Border Patrol and other agencies, as well as the deployment of dedicated agents with adequate legal tools to protect our borders against counterfeiting and digital theft. Page - 5 - CONCLUSION Effectively addressing piracy in all of its variants is a key economic and cultural objective for the United States. Congress, the Administration and the private sector must work together to achieve this goal. Trade pressure and capacity-building through effective training continue to be primary mechanisms for encouraging foreign nations to address inadequacies in their legal and enforcement frameworks, and I urge the Committee to ensure that the Administration has all the possible tools at its disposal to exert such pressure and to provide necessary training. To this end, it is critical that the Administration be funded in such a way as to permit them to use their powers to the maximum extent, and I urge the Congress to appropriate sufficient funds to protect America's most creative, vibrant and profitable industries. We can and must prevail in these initiatives. Once again, I thank you for inviting me here today, and I look forward to your questions. 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] What are ICANN and VeriSign doing regarding CERT Advisory #800113 / DNS Cache Poisoning?
by Jeffrey A. Williams July 15, 2008

July 15, 2008

George and all, Good idea and also a good question. It appears that ICANN's SSAC is unwilling or unable to address this long standing and glaring problem that endangers us all on a global basis. It BTW is not a new problem by any means. It's been around for years. Thanks to CERT, by the insistence of some of us security professionals hammering them, it has finally been recognized as a huge security problem. Maybe DHS or the USDOJ can apply some pressure on ICANN to either act, or get out of the way. It's also very clear that the ALAC has seemingly not identified this security problem as being very important either. I suppose or can only surmise that the ALAC and the ALS'es could care less how many users are damaged by this problem. Certainly they cannot claim that they were not made aware. So it seems that it's full speed ahead and dam the torpedoes as fast tracking IDN ccTLD's, new gTLD's, IDN gTLD's, Fast-Flux, anti-phishing, and other less important issues is ICANN's policy priorities. See: http://www.icann.org/topics/policy/ But thank you again George, for bringing this serious security problem back into the public eye. George Kirikos wrote: > Hello, > > ICANN and VeriSign have been oddly quiet over the entire DNS cache > poisoning issue: > > http://www.kb.cert.org/vuls/id/800113 > http://www.circleid.com/posts/87143_dns_not_a_guessing_game/ > http://it.slashdot.org/article.pl?sid=08/07/08/195225&tid=172 > > PIR has a pending proposal to implement DNSSEC for .org: > > http://www.icann.org/registries/rsep/ > > Is that something that VeriSign has plans to accelerate for the > important .com and .net registries, in order to prevent a long-term > meltdown in DNS confidence/trust should DNS cache poisoning become > widespread in August and beyond? > > No need for a "formal" press release, but I think the community > deserves to know that people are working on the long-term solution to > this problem, and making it a higher priority relative to other lesser > issues. > > Point #14 in the latest policy newsletter appears to be the only "hint" > that a few people are working on things: > > http://www.icann.org/topics/policy/update-jul08.htm#14 > > Hopefully something will happen before Cairo, as by then there might be > widespread disruptions to the internet. Perhaps the Board might want to > consider an early special meeting this week or next: > > http://www.icann.org/minutes/ > > instead of waiting until July 31st, in conjunction with the SSAC. > > Sincerely, > > George Kirikos > http://www.kirikos.com/ 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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