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Notes: Definitions |
Access Charges
"Section 69.2(a) of the access charge rules presently defines 'access service' to include the origination or termination of any interstate or foreign telecommunication that is subject to or exempt from tariff regulation. " In Re MTS and WATS Market Structure, 97 FCC2d 682 & 75 (1983)ACCESS CHARGES FIRST IMPOSED 1983: "For much of this century, most telephone subscribers obtained both local and long distance services from the same company, the pre-divestiture, integrated Bell System, owned and operated by AT&T. Although some telephone subscribers received local telephone service from non-Bell independent companies, AT&T still provided long distance service to these customers. AT&T compensated its Bell Operating Company subsidiaries for originating and terminating interstate calls through revenue division arrangements and compensated the independent companies for access pursuant to settlement agreements. In the 1970s, MCI and other IXCs (then called "other common carriers," or OCCs) began to provide switched long distance services in competition with AT&T Long Lines by attaching their own switches to local business lines purchased from the incumbent LECs and reselling AT&T services. In 1979, AT&T and the OCCs, under Commission supervision, entered into a comprehensive interim agreement, known as Exchange Network Facilities for Interstate Access (ENFIA), to replace the local business rates with a different set of rates AT&T would charge OCCs for originating and terminating interstate traffic over the facilities of its local exchange affiliates. AT&T Long Lines continued to compensate its local exchange affiliates and the independent exchange carriers for the use of their facilities pursuant to their division of revenues and settlements arrangements. Following a lengthy proceeding, the Commission in 1983 adopted uniform access charge rules that govern the provision of interstate access services by all incumbent LECs, BOCs as well as independents." In re Access Charge Reform, NPRM, Third Report and Order, and NOI, CC Docket 96-262 & 21 (Dec 24, 1996) (citing MTS and WATS Market Structure, Third Report and Order, CC Docket No. 78-72, Phase 1, 93 FCC 2d 241 (Access Charge Order), recon., 97 FCC 2d 682 (1983), second recon., 97 FCC 2d 834 (1984)).
Access Provider
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See also Internet Service Provider.
Access providers, more commonly known as Internet service providers, combine computer processing, information storage, protocol conversion, and routing with transmission to enable users to access Internet content and services.[125] Major Internet access providers include America Online, AT&T WorldNet, Netcom, Earthlink, and the Microsoft Network.
[FN 125 Access services, as we describe them here, are similar to the "conduit services" we defined in the Universal Service Order. We used "conduit services," which is not a statutorily-defined term, to describe those services eligible for reimbursement as forms of "access to advanced information services" for schools, libraries, and rural health care providers. As examples of such services, we cross-referenced language from section 274 of the Act concerning electronic publishing. See Universal Service Order, 12 FCC Rcd at 9012-13, paras. 443-44. We stated, however, that "our use of section 274 should not imply anything about the classification of services in other contexts." Id., 12 FCC Rcd at 9013 n.159, para. 444. Despite this admonition, our use of language referring to services that are not electronic publishing under section 274 may have caused some confusion. We emphasize that our intent was only to give examples of eligible services, not to somehow shift the legal classification of Internet access.]
--In re Federal-State Joint Board on Universal Service, Report to Congress, FCC 98-67 ¶ 63 (April 10, 1998).
Advanced Service
Section 706(c) is entitled "advanced telecommunications capability," which Congress defined "without regard to any transmission media or technology, as high speed, switched, broadband telecommunications capability that enables users to originate and receive high- quality voice, data, graphics, and video telecommunications using any technology." Pub.L. No. 104-104, Title VII, § 706(c), 110 Stat. 153 (1996) (reproduced in the notes under 47 U.S.C. § 157).Comcast Cablevision of Broward Country, Inc., v. Broward County, Florida, 124 F.Supp.2d 685, 688 (SDFl Nov. 8, 2000)
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"Application providers offer users a discrete end-to-end service rather than open-ended Internet connectivity. Examples include IP telephony service providers such as IDT and Delta 3, and free electronic mail vendor Juno." In re Federal-State Joint Board on Universal Service, Report to Congress, FCC 98-67 ¶ 63 (April 10, 1998).
"Finally, backbone providers, such as WorldCom, Sprint, AGIS, and PSINet, route traffic between Internet access providers, and interconnect with other backbone providers." In re Federal-State Joint Board on Universal Service, Report to Congress, FCC 98-67 ¶ 63 (April 10, 1998).
In Re Federal-State Joint Board on Universal Service, Report to Congress ¶ 101 (April 10, 1998) ("With respect to the provision of pure transmission capacity to Internet service providers or Internet backbone providers, we have concluded that such provision is telecommunications.")
"IBPs route traffic between ISPs and interconnect with other IBPs. . . . The essential service provided by IBPs is transmission of information between all users of the Internet. Although IBPs compete with one another for ISP customers, they must also cooperate with one another, by interconnecting, to offer their end users access to the full range of content and to other end users that are connected to the Internet. As a result of this interconnection among IBP networks, the Internet is often described as a "network of networks."" -- In re Application of WorldCom, Inc. and MCI Communications Corporation for Transfer of Control of MCI Communications Corporation to WorldCom, Inc., Report and Order, CC Docket No. 97-211 ¶ 143-44 (September 14, 1998) (IBPs = Internet Backbone Providers).
"Nevertheless, based on the record before us, we are inclined to agree with GTE and other commenters that Internet backbone services, which we define to be the transporting and routing of packets between and among ISPs and regional backbone networks, constitutes a separate relevant product market. These Internet backbone services can ensure the delivery of information from any source to any destination on the Internet. The facilities used to provide such Internet backbone services are routers and the high-speed transmission lines that connect these routers. We agree with GTE that there do not appear to be good demand substitutes for ISPs and regional backbone service providers to obtain national Internet access without access to IBPs." -- In re Application of WorldCom, Inc. and MCI Communications Corporation for Transfer of Control of MCI Communications Corporation to WorldCom, Inc., Report and Order, CC Docket No. 97-211 ¶ 148 (September 14, 1998) (IBPs = Internet Backbone Providers).
Brick and Mortar
The phrase “brick and mortar” is often used to designate a traditional business when contrasting it with a predominantly, or entirely, on-line business. The phrase appears to refer to the historical reliance on conducting commerce within the context of a physical space made from materials such as brick and mortar, as opposed to the modern trend toward conducting commerce in a cyberspace made from computer programs.-- eBay, Inc. v. Bidder’s Edge, Inc., 100 F. Supp. 2d 1058, 1065 n.11 (N.D. Cal. 2000).
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Bundling means selling different goods and/or services together in a single package.[4]
[n 4] See generally F.M. Scherer and David Ross, Industrial Market Structure and Economic Performance 565-69 (3d ed. 1990); see also Computer II Final Decision, 77 FCC 2d at 442-443; Implementation of the Non-Accounting Safeguards of Section 271 and 272 of the Communications Act of 1934, as amended, CC Docket No. 96-149, First Report and Order and Further Notice of Proposed Rulemaking, 11 FCC Rcd 21905, 22039 (1996) (Non-Accounting Safeguards Order), Order on Reconsideration, 12 FCC Rcd 2297 (1997), further recon. pending, Second Report and Order, 12 FCC Rcd 15756 (1997), aff'd sub nom. Bell Atlantic Telephone Companies, et al. v. FCC, et al., 131 F.3d 1044 (D.C. Cir. 1997). The economic analysis of "bundling" is a subset of the modern industrial organization literature on tying arrangements. See Computer II Final Decision, 77 FCC 2d at 442 n.51.
-- In the matter of 1998 Biennial Regulatory Review -- Review of Customer Premises Equipmentand Enhanced Services Unbundling Rules in the Interexchange, Exchange Access and Local Exchange Markets,CC Docket No. 98-183, Further Notice of Proposed Rulemaking, para 1 (October 9, 1998)
Cable Modem Service
Cable modem service transmits data between the Internet and users’ computers via the network of television cable lines owned by cable companies. See id., at 1124.
NCTA v. BrandX, No. 04-277, 545 U.S. __, Slip at 3 (S.Ct. June 27, 2005)
14. Some CLECs note that the language of section 252(d)(2) provides for the recovery of the costs of transporting and terminating a "call."[50] Although the 1996 Act does not define the term "call," these CLECs argue that it is used in the 1996 Act in a manner that implies a circuit-switched connection between two telephone numbers.[51] For example, Adelphia contends that a "call" takes place when two stations on the PSTN are connected to each other.[52] A call "terminates," according to Adelphia, when one station on the PSTN dials another station, and the second station answers.[53] Under this view, the "call" associated with Internet traffic ends at the ISP's local premises.[54]
15. We find that this argument is inconsistent with Commission precedent, discussed above, holding that communications should be analyzed on an end-to-end basis, rather than by breaking the transmission into component parts. The examples cited by CLECs[55] to support the argument that calls end at the called number are not dispositive. The statutory sections upon which they rely were written to apply to specific situations, all of which, as far as we can tell, involve traditional telephony connections between two called numbers, as opposed to the novel circumstance of Internet traffic.[56]
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[50] 47 U.S.C. § 252(d)(2). See, e.g., Adelphia, et al., Comments at 15.
[51] See, e.g., Adelphia, et al., Comments at 15-20; Adelphia, et al., Reply at 5, 9-10, TCG Comments at 3-4; WorldCom Comments at 6-7.
[52] See, e.g., Adelphia, et al., Comments at 15-16.
[53]Id.
[54] Id.
[55] Id. at 15-16, 19-20; Adelphia, et al., Reply at 18 n.32.
[56] See, e.g., 47 U.S.C. §§ 222(d)(3), 223(a)(1), 271(c)(2)(B)(x), and 271(j).
Computer
the term ''computer'' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; 18 USC 1030(e)(1)Commercial Electronic Mail Message
2) Commercial electronic mail message-CAN SPAM Act Sec. 3(2).(A) IN GENERAL- The term `commercial electronic mail message' means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
(B) TRANSACTIONAL OR RELATIONSHIP MESSAGES- The term `commercial electronic mail message' does not include a transactional or relationship message.
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Content providers make information available on "servers" connected to the Internet, where it can be accessed by end users. Major content providers include Yahoo, Netscape, ESPN Sportszone, and Time-Warner's Pathfinder service." In re Federal-State Joint Board on Universal Service, Report to Congress, FCC 98-67 ¶ 63 (April 10, 1998).
Cyber
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"Cyber" is the prefix used to denote Internet-related things. The realm of the Internet is often referred to as "cyberspace."
-- Sporty's Farm L.L.C., V. Sportsman's Market, Inc., 202 F.3d 489, 493 n. 5 (2nd Cir. 2000)
CyberSpace
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"'Cyberspace'" refers to the interaction of people and businesses over computer networks, electronic bulletin boards, and commerical online services. The largest and most visible manifestation of cyberspace is the Internet ...." R. Timothy Muth, Old Doctrines On A New Frontier: Defamation and Jurisdiction In Cyberspace, WIS. LAW. 10, 11 (Sept. 1995), available in Westlaw at 68-SEP WILAW 10; see also ACLU v. Reno, 929 F.Supp. at 830-38.
-- Blumenthal v. Drudge, CA No. 97-1968, note 8 (DDC April 22, 1998).
Cybersquatter
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Due to the lack of any regulatory control over domain name registration, an Internet phenomenon known as "cybersquatting" has become increasingly common in recent years.5 See, e.g., Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316 (9th Cir.1998). Cybersquatting involves the registration as domain names of well-known trademarks by non-trademark holders who then try to sell the names back to the trademark owners. Since domain name registrars do not check to see whether a domain name request is related to existing trademarks, it has been simple and inexpensive for any person to register as domain names the marks of established companies. This prevents use of the domain name by the mark owners, who not infrequently have been willing to pay "ransom" in order to get "their names" back. See HRRep No. 106-412, at 5-7; S.Rep. No. 106-140, at 4-7 (1999).
--Sporty's Farm L.L.C., V. Sportsman's Market, Inc., 202 F.3d 489, 493 (2nd Cir. 2000)
"Cybersquatting involves the registration as domain names of well-known trademarks by non-trademark holders who then try to sell the names back to the trademark owners." Id. Trademark owners are frequently willing to pay "ransom" in order to protect their marks. See id.; HRRep No. 106-412, at 5-7; S.Rep. No. 106-140, at 4-7 (1999).
-- Morrison & Foerster LLP, v. Brian Wick and American Distribution Systems, Inc., No. CIV.A.00-B-465., 94 F.Supp.2d 1125, 1127 (D.Co. April 19, 2000).
Dial Up
The traditional means by which consumers in the United States access the network of interconnected computers that make up the Internet is through “dial-up” connections provided over local telephone facilities. See 345 F. 3d 1120, 1123–1124 (CA9 2003) (cases below); In re Inquiry Concerning High-Speed Access to the Internet Over Cable and Other Facilities, 17 FCC Rcd. 4798, 4802–4803, ¶9 (2002) (hereinafter Declaratory Ruling). Using these connections, consumers access the Internet by making calls with computer modems through the telephone wires owned by local phone companies. See Verizon Communications
Inc. v. FCC, 535 U. S. 467, 489–490 (2002) (describing the physical structure of a local telephone exchange). ... Technologicallimitations of local telephone wires, however, retard the speed at which data from the Internet may be transmitted through end users’ dial-up connections. Dial-up connections
are therefore known as “narrowband,” or slower speed, connections.NCTA v. BrandX, No. 04-277, slip at 2 (S.Ct. June 27, 2005)
Domain Name
(4) DOMAIN NAME- The term `domain name' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.
CAN SPAM Act Sec. 3(4)
`The term `domain name' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. ~ AntiCybersquatter Consumer Protect Act, Sec. 3005."The term 'domain name' means any alphanumeric designation which is register with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet." 47 USC 1127.
Every time a user attempts to access material located on a Web server by entering a domain name address into a Web browser, a request is made to a Domain Name Server, which is a directory of domain names and IP addresses, to "resolve," or translate, the domain name address into an IP address. That IP address is then used to locate the Web server from which content is being requested. A Web site may be accessed by using either its domain name address or its IP address.
A domain name address typically consists of several parts. For example, the alphanumeric URL http://www.paed.uscourts.gov/documents/opinions can be broken down into three parts. The first part is the transfer protocol the computer will use in accessing the content (e.g., "http" for Hypertext Transfer Protocol); next is the name of the host server on which the information is stored (e.g., www.paed.uscourts.gov); and then the name of the particular file or directory on that server (e.g., /documents/opinions).
A single Web page may be associated with more than one URL. For example, the URLs http://www.newyorktimes.com and http://www.nytimes.com will both take the user to the New York Times home page. The topmost directory in a Web site is often referred to as that Web site's root directory or root URL. For example, in http://www.paed.uscourts.gov/documents, the root URL is http://www.paed.uscourts.gov. There may be hundreds or thousands of pages under a single root URL, or there may be one or only a few.
ALA v. United States, CA No. 01-1303 Finding of Fact: Internet (EDPA May 31, 2002)
Web pages are designated by an address called a domain name. A domain name consists of two parts: a top level domain and a secondary level domain. The top level domain is the domain name's suffix. Currently, the Internet is divided primarily into six top level domains: (1) .edu for educational institutions; (2) .org for non-governmental and non-commercial organizations; (3) .gov for governmental entities; (4) .net for networks; (5) .com for commercial users, and (6) a nation-specific domain, which is .us in the United States. The secondary level domain is the remainder of the address, and can consist of combinations of letters, numbers, and some typographical symbols.2 To take a simple example, in the domain name "cnn.com," cnn ("Cable News Network") represents the secondary level domain and .com represents the top level domain. Each domain name is unique.
-- Sporty's Farm L.L.C., V. Sportsman's Market, Inc., 202 F.3d 489, 492-93 (2nd Cir. 2000)
2.A domain name, the address given to a webpage, consists of two parts: a top level domain and a secondary level domain.
-- Bihari v. Gross, No. OO Civ. 1664 (SAS), 1 (SDNY Sept 25, 2000) .
A domain name is made up of two components: a top level domain and a secondary level domain. See id. The top level domain is the suffix of the domain name, and the Internet is primarily divided into six top level domains: "(1) .edu for educational institutions; (2) .org for non- governmental and non-commercial organizations; (3) .gov for governmental entities; (4) .net for networks; (5) .com for commercial users; and (6) a nation-specific domain, which is .us in the United States." Id. at 492. The secondary level domain is the remainder of the address, and can consist of letters, numbers, and some typographical symbols. Certain symbols, such as ampersands ( & ), cannot be used in a domain name. (Tr. Exh. 30, Register.com Domain Name Rules).
-- Morrison & Foerster LLP, v. Brian Wick and American Distribution Systems, Inc., No. CIV.A.00-B-465., 94 F.Supp.2d 1125, 1126 (D.Co. April 19, 2000).
"Each web page has a corresponding domain address, which is an identifier somewhat analogous to a telephone number or street address." Brookfield, 174 F.3d at 1044. Domain names consist of a second-level domain--simply a term or series of terms (e.g., "thebuffalonews")--followed by a top-level domain, many of which describe the nature of the enterprise. Top-level domains include ".com" (commercial), ".edu" (educational), ".org" (non-profit and miscellaneous organizations), ".gov" (government), ".net" (networking provider), and ".mil" (military). See id. (citing Panavision, 141 F.3d at 1318). "Commercial entities generally use the '.com' top-level domain, which also serves as a catchall top-level domain." See id. "Each domain name is unique." Sporty's Farm, 202 F.3d 489, 491.
Until recently, domain names with the ".com" top-level domain could only be obtained from Network Solutions, Inc. ("NSI"). Id. at 492. Now other registrars may also assign them. Id. But all these registrars grant such names primarily on a first-come, first-served basis upon payment of a small registration fee. Id. Because each web page must have a unique domain name, the registrar checks to see whether the requested domain name has already been assigned to someone else. If so, the applicant must choose a different domain name. The registrar does not generally inquire into whether a given domain name request matches a trademark held by someone other than the person requesting the name. Id. In other words, anyone may register any unused domain name upon payment of the required fee; the registrar does not make any type of legal determination as to whether the requested domain name would infringe an existing trademark. Of course, registration of a domain name in no way trumps federal trademark law; registration does not itself confer any trademark rights on the registrant. Washington Speakers Bureau, Inc. v. Leading Authorities, Inc., 33 F.Supp.2d 488, 491 n. 3 (E.D.Va.1999).
-- OBH, Inc., v. Spotlight Magazine, Inc., No. 99-CV-746A, 86 F.Supp.2d 176, 179-80 (WDNY Feb. 28, 2000).
Under Fourth Circuit law, "a domain name is more than a mere internet address. It also identifies the internet site to those who reach it, much like ... a company's name identifies a specific company." Cardservice International, Inc. v. McGee, 950 F.Supp. 737, 743 (E.D.Va.1997), aff'd, 129 F.3d 1258 (4th Cir.1997).
-- Virtual Works, Inc., v. Network Solutions, Inc., Volkswagen Of America, Inc., No. Civ.A. 99-1289-A. 106 F.Supp.2d 845, 847 (E.D. Va Feb. 24, 2000).
17. Domain names serve as an address for sending and receiving e-mail and for posting information or providing other services. On the Internet, a domain name serves as the primary identifier of the source of information, products or services. It is common practice for companies to form internet domain names by combining their trade names or one of their famous trademarks as a prefix and their business category as a suffix. The suffix ".com" (usually pronounced ³dot com²) identifies a service provider as commercial in nature.
18. The domain name is one component of the ³Uniform Resource Locator² (³URL²). The URL may also include root directories and subdirectories which serve as a guide to the contents of a Web site.
- -- PLAYBOY ENTERPRISES, INC. v. UNIVERSAL TEL-A-TALK, INC., ADULT DISCOUNT TOYS, and STANLEY HUBERMAN
Civil Action No. 96-6961 November 2, 1998 Filed: November 3, 1998 (enjoining defendant from using Playboy trademark on or in its websites)
47 C.F.R. ' 69.2(m) (1996). ""End User" means any customer of an interstate or foreign telecommunications service that is not a carrier except that a carrier other than a telephone company shall be deemed to be an "end user" when such carrier uses a telecommunications service for administrative purposes and a person or entity that offers telecommunications services exclusively as a reseller shall be deemed to be an "end user" if all resale transmissions offered by such reseller originate on the premises of such reseller."
27. Finally, incumbent LECs assess end users a flat end user common line charge (EUCL), also known as the subscriber line charge (SLC), to recoup part or all of the local loop costs allocated to the interstate jurisdiction. The SLC currently may not exceed the lesser of the actual interstate loop cost, or $6 per month for multi-line business customers and $3.50 for residential and single-line business customers. In addition, IXCs are assessed a per-minute CCL charge to recover the remaining interstate allocation of loop costs that is not recovered through SLCs. IXCs with at least .05 percent of the total common lines presubscribed to IXCs in all study areas are also assessed Universal Service Fund and Lifeline service charges based on each IXC's share of presubscribed access lines. In addition, Part 69 identifies several other charges, including those for signaling and database queries. " ---- In re Access Charge Reform, NPRM, Third Report and Order, and NOI, CC Docket 96-262 &25 (Dec 24, 1996)
"End users would pay charges directly to the exchange carrier (i.e., the local telephone company) for the following three elements: Dedicated Access Line; End User Common Line; and Pay Telephone." -- In Re MTS and WATS Market Structure, 97 FCC2d 682 & 4 (1983)
"End users send and receive information." In re Application of WorldCom, Inc. and MCI Communications Corporation for Transfer of Control of MCI Communications Corporation to WorldCom, Inc., Report and Order, CC Docket No. 97-211 ¶ 143 (September 14, 1998)
"End users obtain access to and send information either through dial-up connections over the public switched telephone network, or through dedicated data circuits over wireline, wireless, cable, or satellite networks." -- In re Federal-State Joint Board on Universal Service, Report to Congress, FCC 98-67 ¶ 63 (April 10, 1998).
End-to-End
The Internet's protocols themselves manifest a related principle called "end-to-end": control lies at the ends of the network where the users are, leaving a simple network that is neutral with respect to the data it transmits, like any common carrier. On this rule of the Internet, the codes of the legislator and the programmer agree.
-- AT&T v. Portland, Case Number 99-35609 (9th Cir. June 22, 2000).
Frame Relay
6. Frame relay is a relatively new, high-speed packet-switching technology used to communicate digital data between, among other things, geographically dispersed local area networks (LANs). In addition, frame relay technology often serves as the intermediary format for data traveling between different computer systems employing different communications protocols.7. As the term suggests, frame relay networks communicate "frames" containing digital data. The format of a frame?defined by a specific interface protocol?consists of a beginning "flag," a "header," a variable length data field, a "trailer," and an ending "flag." The header contains routing and congestion control information, while the trailer holds an error control sequence enabling detection of errors within frames. Unlike the slower X.25 packet switching protocol, frame relay switches do not store frames until a positive acknowledgement is received from a destination switch. When a destination switch receives a frame with errors, it simply discards the frame, relying on higher-layer protocols of intelligent customer premises equipment (CPE) to note the omission and take corrective action by rerequesting transmission of the packet. This streamlined operation allows frame relay networks to operate at significantly higher speeds than X.25 networks.
8. In a typical frame relay application, a LAN is linked to a device known as a "router" on the customer premises. If the router supports frame relay protocol, it is connected to an access link which carries the frame relay traffic to a central office port. If the router does not support frame relay, a frame relay assembler/disassembler (FRAD) is located on a customer premise between the router and access link to convert the data transmitted from the router to frame relay format. The central office frame relay switch establishes a permanent virtual circuit (PVC) connecting the access link to a communications line linking one switch to another. While the access link may operate at speeds from 56 to over 1,000 kilobits per second (kbs), the data relay rate across the network is limited by the transmission rate of the PVC, which varies according to customer needs and budgets. The customer contracts with the service provider for a specified information transmission rate. If the customer attempts to transmit data at speeds that exceed the agreed-upon rate, the network tries to accommodate the higher rate if capacity is available. If the network is unable either to perform the transmission or temporarily buffer the data, the network discards excess frames beyond the agreed-upon rate. As with frames containing errors, frames discarded in this fashion must be tracked by CPE.
-- -- In The Matter Of Independent Data Communications Manufacturers Association, Inc., Petition for Declaratory Ruling That AT&T's InterSpan Frame Relay Service Is a Basic Service; DA 95-2190, MO&O, 1995 WL 613619, 10 FCCR. 13,717, 10 FCC Rcd. 13,717, 1 Communications Reg. (P&F) 409, (October 18, 1995) http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1995/da952190.wp
Hactivism
"Political activism on the Internet has already generated a wide range of activity, from using email and web sites to organize, to web page defacements and deniol-of-service (DoS) attacks. These politically motivated computer-based attacks are usually described as hacktivism, a marriage of hackinig and political activism." - NIPC, Cyber Protests: The Threat to the US Information Infrastructure, p. 2 (Oct 2001)Header Information
(8) HEADER INFORMATION- The term `header information' means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, a person initiating the message.CAN SPAM Act Sec. 3(8)
HTML
HTML is the language in which Web pages are formatted. This language is a kind of "publishing mother tongue that all computers may potentially understand." HTML allows authors to mark up a document by representing structural, presentational, and semantic information adjacent to the cotent. In HTML, a mark up element is called a tag. These tags include, for example, paragraph separators, text treatment (e.g., bold, italic, etc.), and hyperlinks. HTML files may or may not include instructions, including a programming language called JavaScript. -- British Telecom v. Prodigy, OO Civ 9451, Memorandum and Order Granting Summary Judgment (SDNY August 22, 2002)Hyperlinks
A hyberlink points to the URL for a web page. Hyberlinks often take the form of a colored text (such as a URL description), logo or image that is displayed on the screen. When a user clicks on the highlighted word or icon, she is sent to the URL requested, or receives more information about what she clicked on. -- British Telecom v. Prodigy, OO Civ 9451, Memorandum and Order Granting Summary Judgment (SDNY August 22, 2002)6. A hyperlink is " 'highlighted text or images that, when selected by the user, permit[s][her] to view another, related Web document." ' Bensusan Restaurant Corp. v. King, 126 F.3d 25, 27 n. 1 (2d Cir.1997).
-- Bihari v. Gross, No. OO Civ. 1664 (SAS) (SDNY Sept 25, 2000) .
Finally, web pages often contain links to other web pages called "hyperlinks." A hyperlink is a highlighted portion of text or an image that, when selected or clicked on by the user, permits the user to go directly from the web site he or she is currently viewing to a different web site, without first having to enter the domain name of the new web site. See Bensusan Restaurant Corp. v. King, 126 F.3d 25, 27 n. 1 (2d Cir.1997); Intermatic Inc. v. Toeppen, 947 F.Supp. 1227, 1232 (N.D.Ill.1996).
-- OBH, Inc., v. Spotlight Magazine, Inc., No. 99-CV-746A, 86 F.Supp.2d 176, 181 (WDNY Feb. 28, 2000).
Through a "hyperlink," a browser may connect to another web site by clicking on the "specially highlighted text or images on the initial web site. After clicking on the highlighted text, the browser is then directly taken to that particular web site. Complaint ¶35.
-- Blumenthal v. Drudge, CA No. 97-1968, note 2 (DDC April 22, 1998).
Interlata
Consistent with the views of the commenters that addressed this point, we conclude that the term "interLATA services" encompasses both interLATA information services and interLATA telecommunications services. -- In the Matter of the Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as Amended, Order on Reconsideration, Docket 96-149, 1997 WL 71143 (FCC), 12 FCCR. 2297, 12 FCC Rcd. 2297, 6 Communications Reg. (P&F) 972, ¶ 55 (Feb 19, 1997)
Interlata Information Service
We conclude that, as used in section 272, the term "interLATA information service" refers to an information service that incorporates as a necessary, bundled element an interLATA telecommunications transmission component, provided to the customer for a single charge. [FN264] We find, as noted in the comments of AT&T, MCI, and the BOCs, that this definition of interLATA information service conforms to the MFJ precedent in this area. [FN265] We further conclude that a BOC provides an interLATA information service when it provides the interLATA telecommunications transmission component of the service either over its own facilities, or by reselling the interLATA telecommunications services of an interexchange provider. This conclusion also comports with MFJ precedent. -- In the Matter of the Implementation of the Non-Accounting Safeguards of Sections 271 and 272 of the Communications Act of 1934, as Amended, First Report and Order and NPRM, Docket 96-149, 1996 WL 734160 (FCC), 11 FCCR. 21,905, 13 FCCR. 11,230, 11 FCC Rcd. 21,905, 13 FCC Rcd. 11,230, 5 Communications Reg. (P&F) 696, ¶ 115 (Dec 24, 1996)
Metatag
3. A metatag is hypertext markup language ("HTML") code, invisible to the Internet user, that permits web designers to describe their webpage. There are two different types of metatags: keyword and description. The keyword metatag permits designers to identify search terms for use by search engines. Description metatags allow designers to briefly describe the contents of their pages. This description appears as sentence fragments beneath the webpage's listing in a search result.-- Bihari v. Gross, No. OO Civ. 1664 (SAS), 1 (SDNY Sept 25, 2000) .
Mouse
A mouse is a device that allows a computer user to issue commands by moving a marker across the screen and then clicking on the symbol, word, or icon that represents the particular information that the user wants to access.-- OBH, Inc., v. Spotlight Magazine, Inc., No. 99-CV-746A, 86 F.Supp.2d 176, 179 n 1 (WDNY Feb. 28, 2000).
Network Effect / Metcalfe's Law
- Network Externalities (Effects) S. J. Liebowitz Stephen E. Margolis Paper contrasting network effects and network externalities
- Control Choices and Network Effects in Hypertext Systems E. James Whitehead, Jr. Dept. of Information and Computer Science
- University of California, Irvine
- Network Effects in Technology Adoption: The Case of DVD Players Pinar Karaca-Mandic1 University of California at Berkeley
Open Proxies
Open Proxies: Most organizations have multiple computers on their networks, but have a smaller number of proxy servers that are the only machines on the network that directly interact with the Internet. If a proxy is configured
improperly in a way that permits unauthorized Internet users to connect through it to other hosts (computers that control communications in a network or administer databases) on the Internet, it is considered to be “open.” Such misconfigurations can arise through setup errors by administrators, unforeseen effects of seemingly unrelated systems changes, or outside forces such as trojans or worms. This kind of proxy misconfiguration is common and results in general purpose forwarding that is utilized by hackers and spammers. For example, a spammer can send email through an open proxy as an intermediate step before routing the message to the recipient’s email server. The headers for messages that pass through an open proxy indicate the proxy’s Internet Protocol (“IP”) address in the “Received: from” line, and not the true originating IP address. In this way, open proxies provide another means for spammers to hide their tracks. Spammers sometimes route their messages through a series of open proxies, referred to as a “proxy chain.” - Report to Congress: A CAN SPAM Informant Reward System, p. 12 FTC Sept 2004
Open Relays
Open Relays: An open relay is an unprotected, or “unsecured,” email server that is configured to accept and transfer email on behalf of any user anywhere, including unrelated third parties. By routing their email through open relays of
other organizations, spammers disguise the origins of their email. For example, if a spammer located in the United States sends email through an open relay in China, the email may appear to have come from China.
- Report to Congress: A CAN SPAM Informant Reward System, p. 12 FTC Sept 2004
Packet Networks
Packet networks are like the Star Trek transporter, breaking down communications into small pieces of information, routing them through the network flexibly and reassembling them at the communication’s end point. - Vermont Telecommunications Plan, Sept 2004
Packet Switching
[Editor: Notice that the more recent FCC proceedings do not cite back to the early 1970s packet switching cases]Packet [s]witching technologies segment information into small pieces, called packets, assigning each packet identifying characteristics as well as a destination address. The packets traverse the network, often following many different physical paths, until they arrive at their destination and are reassembled.
-- In re Deployment of Wireline Services Offering Advanced Telecommunications Capacity, First Report and Order and Further Notice of Proposed Rulemaking, 14 FCCR 4761, 4764 (1999).
In contrast to voice communications, data communications between computers is generally thought of as "bursty" traffic. That is, rather than a continuous stream of data, computers communicate in bursts of data. Packet- switched networks were developed to take advantage of this characteristic of data communications. With packet switched data transmission, many users can share a single digital transmission channel. Each user's data are divided into small discrete packets.4 Each packet contains a header with address information that enables the network to route the packet to the proper destination. Packets belonging to one user are sent through the network separately, then reassembled at their destination. During transmission, packets belonging to one user can be interspersed among packets belonging to other users, allowing the channel to be more fully occupied than it would be if it were dedicated to a single user.
4A packet is a block of binary digits that is communicated through a network as an integrated unit.-- In The Matter Of Independent Data Communications Manufacturers Association, Inc., Petition for Declaratory Ruling That AT&T's InterSpan Frame Relay Service Is a Basic Service; DA 95-2190, MO&O, 1995 WL 613619, 10 FCCR. 13,717, 10 FCC Rcd. 13,717, 1 Communications Reg. (P&F) 409, ¶ 3 (October 18, 1995) http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1995/da952190.wp
2. 'Packet Switching' technology was initially developed by U.S. Government sponsored research for the Department of Defense Advanced Research Projects Agency (ARPA). Unlike the conventional telephone system, in which circuits are switched to provide an individual customer with exclusive use of a particular line or circuit, a 'packet switching 'circuit transmits small groups (packets) of digitized data over a network of lines to a designated recipient, usually a computer. These packets are stored and forwarded over the best available path through the network.
-- In The Matter Of The Application Of Packet Communications Inc. For Authority Under Section 214(A) To Institute And Operate A Packet-Switching Communications Network In The Contiguous United States By Leasing Inter-Exchange Lines From Established Communications Common Carriers, File No. P-C-8533, Memorandum Opinion, Order And Certificate (November 16, 1973)
Peering
"an arrangement in which two Internet backbone providers exchange traffic that originates from an end user connected to one of the providers and terminates with an end user connected to the other provider. 240240 Notice, 13 FCC Rcd at 15309. In general, peering is settlements-free, i.e., the providers do not charge each other for terminating traffic. Also, one peer will not allow traffic from another peer to transit its network to a third provider. See WorldCom, Inc. & MCI Communications Corp., CC Docket No. 97-211, Memorandum Opinion & Order FCC 98-225 at ¶¶ 143-46, released Sept. 14, 1998, available at 1998 WL 611053."--In re Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, Report, CC Docket No. 98-146 ¶ 105 & n 240 (February 2, 1999).
"IBPs interconnect with one another through either a peering arrangement or a transiting arrangement. In a peering arrangement, two IBPs agree to exchange traffic that originates from an end user connected to one IBP and terminates with an end user connected to another IBP. A peering arrangement has two main characteristics. First, in general, peering is settlements-free, i.e., the IBPs do not charge each other for terminating traffic.388 Second, one peer will not allow traffic from another peer to transit its network to a third IBP. For example, if IBP A only has a peering arrangement with IBP B, and IBP B also has a peering arrangement with IBP C, then IBP B will not allow customers of IBP A to send traffic to or receive traffic from customers of IBP C. In order to provide access to the customers of IBP C, IBP A must either peer with IBP C or enter a transit agreement, as described below, with either IBP B or IBP C."
388 At least one industry expert, Hal Varian, Dean of the School of Information Management and Systems at the University of California, Berkeley, has called for an end to settlements-free interconnections as the industry norm. Hal Varian, How to Strengthen the Internet's Backbone, Wall St. J., June 8, 1998 at A22.In re Application of WorldCom, Inc. and MCI Communications Corporation for Transfer of Control of MCI Communications Corporation to WorldCom, Inc., Report and Order, CC Docket No. 97-211 ¶ 145 (September 14, 1998)
Protected Computer
(13) PROTECTED COMPUTER- The term `protected computer' has the meaning given that term in section 1030(e)(2)(B) of title 18, United States Code.CAN SPAM Act Sec. 3(4)
Protocol
"Protocol" refers to the ensemble of operating disciplines and technical parameters that must be observed and agreed upon by subscribers and carriers in order to permit the exchange of information among terminals interconnected in a particular communications network. A subscriber's digital transmission necessarily consists of two components: information-bearing symbols and protocol-related symbols. The information-bearing symbols constitute a subscriber's message. The protocol-related symbols initiate various transmission control functions and also define the format in which the information-bearing symbols appear within the composite data stream. "Protocol processing" is a generic term, which subsumes "protocol conversion" and refers to the use of computers to interpret and react to the protocol symbols as the information contained in a subscriber's message is routed to its destination. "Protocol conversion" is the specific form of protocol processing that is necessary to permit communications between disparate terminals or networks.-- In The Matter Of Independent Data Communications Manufacturers Association, Inc., Petition for Declaratory Ruling That AT&T's InterSpan Frame Relay Service Is a Basic Service; DA 95-2190, MO&O, 1995 WL 613619, 10 FCCR. 13,717, 10 FCC Rcd. 13,717, 1 Communications Reg. (P&F) 409, n 5 (October 18, 1995) http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1995/da952190.wp
Protocol
"A protocol is a well-defined specification that allows computers to communicate across a network. In a way, protocols define the 'gramar' that computers can use to 'talk' to each other." -- CERT Coordination Center, Home Network Security (2001) www.cert.org/tech_tips/home_networks.htmlPublic Telephone Network
Traditional telephone companies use circuit-switched technology. Chérie R. Kiser & Angela F. Collins, Regulation On The Horizon: Are Regulators Poised To Address the Status of IP Telephony?, 11 CommLaw Conspectus 19, 20-21 (2003). A person using a traditional telephone, or plain old telephone service ("POTS"), is connected to the public switched telephone network ("PSTN"),which is operated by local telephone companies.
-- Vonage v. Minnesota PUC, Civil No. 03-5287, Sec. III (MJD/JGL) (DMN October 16, 2003)
Registrar
Registrars assign domain names on a first-come, first-served basis upon payment of a registration fee. See id. Register.com, the registrar used in this case, charges $75.00 per domain name. Domain name registrars do not inquire into whether a domain name request matches or conflicts with another's trademark. See id. Lack of regulatory control caused problems of cybersquatting and cyberpiracy. See id. (citing Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316 (9th Cir.1998)).-- Morrison & Foerster LLP, v. Brian Wick and American Distribution Systems, Inc., No. CIV.A.00-B-465., 94 F.Supp.2d 1125, 1126-27 (D.Co. April 19, 2000).
Search Engines
Users may find content on the Web using engines that search for requested keywords. In response to a keyword request, a search engine will display a list of Web sites that may contain relevant content and provide links to those sites. Search engines and directories often return a limited number of sites in their search results (e.g., the Google search engine will return only 2,000 sites in response to a search, even if it has found, for example, 530,000 sites in its index that meet the search criteria).ALA v. United States, CA No. 01-1303 Finding of Facts: Internet (EDPA May 31, 2002)
Because entering the company's name as the domain name often fails to take the user to the desired webpage, many users prefer the second search technique. Here, a websurfer enters a particular company name or search request in a search engine. The search engine then displays a list of websites that match the user's request. The search engine ranks the relevant sites according to the relative frequency with which the word or phrase appears in the metatags [FN3] and in the text of the websites. The websurfer then chooses, based on any number of considerations, which website to visit. Most often, that choice is based on the domain name listed for each search result and a brief description of each webpage provided by the search engine.
-- Bihari v. Gross, No. OO Civ. 1664 (SAS), 1 (SDNY Sept 25, 2000) .
SPAM
Spoofing
Spoofing: “Spoofing” refers to the falsification of email header information. This technique disguises an email to make it appear to come from an address other than the one from which it actually came. Not only can a spammer send out
millions of spoofed messages, but any bounced messages – messages returned as undeliverable – will flow to the person whose address was spoofed rather than to the spammer. As a result, an innocent email user’s inbox may become flooded with angry, reactive email, and the innocent user’s Internet service may be shut off due to the volume of complaints.
- Report to Congress: A CAN SPAM Informant Reward System, p. 12 FTC Sept 2004
Technologically Neutral
The Iowa Utilities Board has three points for the FCC to consider.First, the standards and regulation of telecommunications services should be technologically neutral, that is, based on the function served rather than the equipment or protocol used.
--In Re Vonage Holdings Corporation Petition For Declaratory Ruling Concerning An Order Of The Minnesota Public Utilities Commission, Comments Of The Iowa Utilities Board Wc-03-211 (October 27, 2003)
Threat
A threat is any circumstance or event with the potential to intentionally or unintentionally exploit one or more vulnerabilities in a system resulting in a loss of confidentiality, integrity, or availability. Threats are implemented by threat agents. Examples of threat agents are malicious hackers, organized crime, insiders (including system administrators and developers), terrorists, and nation states. Federal Plan for Cyber Security and Information Assurance: Research and Development, NSTC p. 5 (April 2006)
Worm
"In the colorful argot of computers, a "worm" is a program that travels from one computer to another but does not attach itself to the operating system of the computer it "infects." It differs from a "virus," which is also a migrating program, but one that attaches itself to the operating system of any computer it enters and can infect any other computer that uses files from the infected computer." US v. Morris, 928 F.2d 504, 504 n.1 (2nd Cir. 1991)
Zombies
Zombie Drones and Bot Networks: A “zombie drone” is a computer on which email server or proxy software has been downloaded which, without the knowledge of the computer owner, causes the computer to spew out spam or to serve as a relay or proxy for spam. A “bot network” consists of a large number of zombie drones controlled by the same entity. Some observers report bot networks with as many as 400,000 drones.23 When each drone in the network is instructed to generate or relay spam, the aggregate spam generation rate can be very large. - Report to Congress: A CAN SPAM Informant Reward System, p. 13 FTC Sept 2004
