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Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

Naming is the first imperative. It precedes the launching of new lives as much as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not sometimes made aware that not all names are equally distinctive, and that some of them are distinctly commonplace? more

G20 Nations Must Set Clear Priorities for Digital Agenda

Home to two-thirds of the world's population and 90 percent of its economic output, the G20 countries are a powerhouse that have yet to take on a coordinated digital agenda. This could be about to change. Under the German presidency of the G20, digital concerns - from getting people connected to protecting people's data once they are - have been made a priority through a new 'Roadmap for Digitalisation'. more

What Does Trump’s Cuba Policy Memorandum Say About the Internet?

I recently reviewed Trump's Cuban policy speech and its implications for the Internet. The speech was accompanied by a national security memorandum on strengthening US-Cuba policy, which was sent to the Vice President, Cabinet Secretaries, and heads of various departments. The first thing that struck me about the memorandum was that it was a "national security" memorandum. Does Trump think Cuba poses a threat to our national security? more

Telcos Players in the U.S. Set to Become Even Lazier

With all of the current turbulence in the American society, it is no wonder that its telecommunications market is also under severe pressure. In his election campaign, Trump promised his American supporters to make changes to what he called the Washington swamp, but it has become clear that the opposite is happening. While in previous Administrations lobbyists were at least somewhat separated from the politicians, now many of these lobbyists are actually part of the Trump Administration. more

Blaming Technology and the Rule of Law

Imagine that Ford was held responsible every time one of its Mustangs broke the speed limit. Imagine that the company responded by limiting the speed of its vehicles to 65 MPH, or that the company was required by the government to report every speeding car to highway patrol. It sounds far-fetched, but is actually a good metaphor for the way that many want technology companies to respond to infractions. more

Next Generation gTLD Registration Directory Services (NG RDS) - Proposed Successor to WHOIS

The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries... more

Is the Passion Over Net Neutrality Misguided? A New Paper Offers a Fresh Technical Approach

"Net neutrality" is implicitly framed as a debate over how to deliver an equitable ration of quality to each broadband user and application. This is the wrong debate to have, since it is both technically impossible and economically unfair. We should instead be discussing how to create a transparent market for quality that is both achievable and fair. In this paper I propose an alternative approach that (potentially) meets the needs of both consumer advocates and free market proponents. more

Phishing: the Worst of Times in the DNS

The Anti-Phishing Working Group has released its latest Global Phishing Survey, written by myself and Rod Rasmussen. This report comprehensively examines a large data set of more than 250,000 confirmed phishing attacks detected in 2015 and 2016. By analyzing this cybercrime activity, we have learned more about what phishers have been doing, and how they have done it. Unfortunately, there's more phishing than ever, and phishers are registering more domain names than ever. more

Activists for Access to Medicines and Internet Rights Develop Brussels Principles for Online Sales

RightsCon, the world's leading summit on tech, society, and human rights has been called "the Davos of Digital Rights" (www.rightscon.org). At RightsCon 2017, the sixth event of the annual summit series on human rights in the digital age, the global human rights community came together in the heart of European politics and policymaking on March 29-31, 2017. More than 1,500 experts from 105 countries around the world, across diverse geographic and stakeholder lines, joined together to produce measurable outcomes on the most pressing and emerging issues threatening human rights in the digital age. more

Cars.com $850 Million Valuation: Methodology Critique

Here is a critical look at a recent online essay about the methodology to estimate the value of the domain name cars.com, which was estimated to be $850 million. Not about estimation of valuation model's parameters' nor whether the estimate is too low or too high. Rather its valuation methodology... The purpose of a valuation is Important. Absolute valuation of any asset is its value when put to its best use. more

Watch LIVE: ICANN 59 DNSSEC Workshop - June 26 at 7:00am UTC

Want to learn more about DNSSEC deployment challenges? Interested in learning about a DANE middlebox for HTTPS? Curious about how the upcoming DNSSEC Root Key Rollover will affect systems? And have you heard about the CDS and CDNSKEY records for DNS? What are they -- and what impact will they have on ICANN policies? more

What to Expect at ICANN 59, Johannesburg

I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more

How to Dispute a Third-Level ‘Country-Code’ .com Domain Name (Such as nike.eu.com)

Shortly after I recently wrote about WIPO's new role as a domain name dispute provider for the .eu ccTLD, the Forum published its first decision on another type of "eu" domain name: eu.com. The decision involved the domain name nike.eu.com. What makes this case interesting is that it represents one of the few .com domain name disputes that includes a country-code in the second-level portion of the domain name. more

Three Reasons Why Broadband Is So Unreliable

We all take the predictability and reliability of other utilities for granted. So why is broadband such a frustrating exception? Why do our Skype calls fail mid-way? What makes Netflix buffer like crazy? How come our gaming sessions are so laggy? Imagine if the design of your electrical supply was optimised to apply the biggest possible voltage and current to anything that was plugged in. That would clearly be ridiculous! more

Cloud Computing and Digital Divide 2.0

Internet connectivity is the great enabler of the 21st century global economy. Studies worldwide unequivocally link increases in Internet penetration rates and expansion of Internet infrastructure to improved education, employment rates, and overall GDP development. Over the next decade, the Internet will reinvent itself yet again in ways we can only imagine today, and cloud computing will be the primary operating platform of this revolution. more

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