Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd... The FTC brought an action against Defendants claiming that they were engaged in cramming, adding unwanted voicemail, electronic fax, and call forwarding services to consumers bills to the tune of $70 million. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more
Two of the hottest trends in networking today are network dis-aggregation and SDN. This is great for many reasons. It's also confusing. The marketing hype makes it hard to understand either topic. SDN has become so vague that if you ask 10 experts what it means, you are likely to get 12 different answers. Network dis-aggregation seems straightforward enough until it gets confused with SDN. We need to take a step back. In a recent Packet Pushers blog post; I start with a simple explanation of each of these trends and then map how they interact. more
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more
ICANN's WDPRS system has been defeated. The system is intended to remove or correct fraudulently registered domains, but it does not work anymore. Yesterday I submitted a memo to the leadership of the ICANN At-Large Advisory Committee (ALAC) and the greater At-Large community. The memo concerns the details of a 214-day saga of complaints about a single domain used for trafficking opioids. more
WikiLeaks shook the internet again on March 7, 2017, by posting several thousand documents containing information about the tools the CIA allegedly used to hack, among others, Android and iOS devices. These classified files were obtained from the CIA's Center for Cyber Intelligence, although they haven't yet been verified and a CIA official declined to comment on this incident. This isn't the first time that the U.S. government agencies were accused of crossing the line and undermining online security and civil liberties, as it's been only a year since the infamous FBI-Apple encryption dispute. It's like "1984" all over again. more
One challenge for all new top-level domains (TLDs) is the so-called Universal Acceptance. Universal Acceptance is a phenomenon as old as TLDs exist and may strike at many occasions... The effect when universal acceptance hits you is that you cannot send or receive email, get error messages or even worse when it looks like everything works but it does not and you do not even get a notification. more
On 6 March 2017, ICANN's GDD finally responded to an applicant letter written on 14 August 2016 to the ICANN Board. This was not a response from the ICANN Board to the letter from 2016 but a response from ICANN staff. The content of this letter can best be described as a Null Response. It reminded the applicants that the Board had put the names on hold and was still thinking about what to do. more
One of the most striking and enduring dichotomies in the conceptualization of electronic communication networks is summed up in the phrase "the Internet as weapon." With each passing day, it seems that the strident divergence plays in the press -- the latest being Tim's lament about his "web" vision being somehow perverted. The irony is that the three challenges he identified would have been better met if he had instead pursued a career at the Little Theatre of Geneva and let SGML proceed to be implemented on OSI internets rather than refactoring it as HTML to run on DARPA internets. more
There are now well over 100 brands actively using their new dot brand domains to promote their goods and services. The latest release of the Dot Brand Observatory, which is now a complimentary resource, produced by dotStories in collaboration with Verisign and Valideus paints a picture of a vibrant market that is developing significantly. more
The rise of the Internet has heralded rapid changes in our society. The opportunities presented by a capable and ubiquitous communications system and a global transportation network have taken some corporations from the multinational to the status of truly global mega-corporation. Good examples of these new corporations include Google, Apple, Amazon, Microsoft and Facebook. There are a handful of large-scale winners in this space and many losers. But this is not the first time we've witnessed a period of rapid technological and social change. more
As soon as ETECSA began installing public access WiFi hotspots, black market resellers began sharing connections. They would connect a laptop to an ETECSA account then use pirated copies of Connectify, a connection sharing program running on the laptop, to create small WiFi hotspots of their own. At the time, ETECSA charged 2 CUC per hour online (two day's pay for many Cubans) and the re-sellers typically charged 1 CUC per hour. They broke even with two users and made a profit with more. more
We all remember the nightmare of following the multiple versions of the "AGB" from the ICANN new gTLD program, and the time it took to get to the final version, which then took to allowing applicants to submit their new gTLD application, and which then took them to wait for their application to proceed... Welcome to version 0.5 of the next Applicant Guidebook. more
Under the previous rules for the Uniform Domain Name Dispute Resolution Policy (UDRP), domain name registrants that had a complaint filed against them were supposed to be notified of the complaint by the trademark owner that filed it. Then, a revised set of UDRP rules that went into effect in 2015 eliminated the complainant's obligation to notify the respondent. Instead, the new rules only require the UDRP service provider (such as WIPO or the Forum) notify the respondent, presumably after the registrar has locked the domain name, preventing any transfers. more
I don't know much about Copenhagen, except that Princess Mary of Denmark is really 'our' Princess Mary from Tasmania, Australia. The other thing I know is that it will be really cold. In terms of the ICANN meeting, there continues to be an element of dismay over the scheduling for this meeting, most notably reflected in a letter to ICANN's CEO from the GNSO Commercial Stakeholder Group. While it's good to get these issues on the table ... community should take ownership... more
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