On Aug 1, 2009, at 9:14 PM, Franck Martin wrote:

But is ICANN supposed to clean all these random valid domains?

;)

You half-joke, but one of the arguments we presented to the FTC back in 2003 or so regarding spam was that we had an opportunity to regulate issuance of domain names. If not regulate, then at least insist on an identifiable legal entity being required to register a domain.

With that "simple" expedient and wide-spread deployment of DKIM you have potential legal recourse to inappropriate email.

ICANN of course couldn't care less as they are in it for the money, just as registrars are, but as I understand it, ICANN still operates under an MoA from the US Department of Commerce so the opportunity is not completely lost, yet.

Unfortunately that opportunity may disappear soon as ICANN are pushing hard for complete autonomy, at which point profit will always be the primary motive.

My point being, issuance of domain names could be a choke-point and combined with DKIM potentially provides recourse that is currently not available. This attacks the opposite end of the spectrum that "reputation" focusses on.

Having said that, you could then have reputation systems based on jurisdictional recourse. What if you receive traffic from a domain and you are able to query for the legal owner of that domain and whether you could sue that domain for spamming?

A jurisdictional market for domains could move good senders to register in tougher jurisdictions whereas the bad guys would stay well clear. Just as companies today decide whether to register on the NYSE or in the Cayman Islands.

Just another arrow in the quiver, but a useful one methinks.


Mark.

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