Internet Protocol Version 6 Team

The Internet will never be the same after June 30, 2008 – at least for government agencies, government contractors, and those who deal with them. On that day, a federally mandated switch is scheduled to occur from the current IPv4 (Internet Protocol version 4) – the rules, code and naming protocols underlying today’s Internet -- to the new, revamped IPv6 (Internet Protocol version 6). The mandate, issued in August 2005, requires IPv6 compliance for the entire federal sector.

IPv6 has already become a reality in the private sector in both Asia and Europe. As the number of assignable IP addresses dwindles and as more and more companies begin to take advantage of IPv6’s potential, widespread U.S. adoption will soon follow. IPv6 provides vastly improved capabilities over IPv4 and will permit new and advanced applications. Under IPv6, automobiles, refrigerators, even medication dispensers can be "wired" with sensors and connected to the Internet, providing real-time distribution of information to and from nearly every person and type of device.

The implications are staggering. When combined with new mesh WiFi and WiMax systems that are planned for deployment in a half decade or less, tracking of children, the frail elderly, children’s bikes and toys, and even your keychain will be commonplace. Real-time inventory control and management, inventory delivery and fleet management will be available for businesses of all sizes with ever increased utility. Environmental monitoring and control of shipping containers will be taken for granted. The legal issues that arise from these new applications are among the areas on which Womble Carlyle lawyers are focusing.

Womble Carlyle lawyers from our Internet, corporate, communications, and government contracts practices work as a team to help our clients, both federal contractors and others, cope successfully with the change to IPv6 and make the most of the advantages that it offers.

IPv4 is the current, familiar Internet protocol that exists today. (A protocol is simply the standard language that electronic devices use to talk to each other over the Internet.) IPv4 served to usher in the first wave of Internet applications but is not sufficient to operate the large number and diverse types of devices and applications for the Internet’s next incarnation. IPv4 does not offer enough different Internet addresses to serve the needs of an increasingly online world. As noted in Business Week, "The Internet may seem infinite, but it is running out of space." Enter IPv6, the upgrade that will offer an exponentially greater number of addresses. IPv6 also offers security features to dramatically improve the transmission and security of data.

According to the federal mandate, by June 30, 2008, the network backbones of all federal agencies must be ready to support IPv6. That means that federal agencies will need to be fully prepared to transmit both IPv4 and IPv6 traffic and support both IPv4 and IPv6 Internet addresses. We expect the government to issue additional mandates requiring agencies to upgrade applications and other components. The government has proposed regulations that would require government contractors, hardware and software vendors, and services providers to deliver IPv6-capable products and solutions in their government contracts. It logically follows that these companies will upgrade their own infrastructures in order to be competitive in their business interactions with the government.

While IPv6 will advance an exciting new era of Internet communication and will increase the reach of the Internet as well as the level of online privacy, it will also pose many important legal challenges and many technical obstacles.

We at Womble Carlyle are prepared to help companies solve those problems. Some of the issues may include:

• How to define IPv6 standards, capability for network equipment contracts, telecommunications services contracts, and service level agreements
• How to prepare a privacy impact statement for customers that is legally and technically correct under IPv6
• Where to find government resources that are needed to help understand how to achieve IPv6 capability
• How to draft terms in the sale of applications, hardware and related services to ensure that the customer is not bearing any IPv6 risk
• Defining appropriate representations and warranties to offer as an IPv6 service or product provider, and what to demand as a IPv6 consumer.
• How to protect the intellectual property aspects of IPv6 hardware and software applications, solutions, and services utilizing IPv6-capable networks
• How to develop a patent portfolio to ensure that your company maintains competitiveness against worldwide competitors in IPv6 applications
• How to transform an IPv6 application into a new business, including formation, capitalization, IP protection, contracts, and exit strategies