Featured Blogs

How a ‘Defensive Registration’ Can Defeat a UDRP Complaint

A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark. more

Zero-Touch Provisioning… Really?

Zero-touch provisioning (ZTP) -- whatever does that mean? Of course, it is another marketing term. I think the term "closer to zero touch provisioning" is probably better, but CTZTP -- as opposed to ZTP -- is a bit more of a mouthful. Whenever I hear language like this that I'm not familiar with, I get struck by a bolt of curiosity. What is this new and shiny phrase that has just appeared as if from nowhere? more

History is Written and Revised by the Winners - Can the Internet Archive Change That?

I was naively optimistic in the early days of the Internet, assuming that it would enhance democracy while providing "big data" for historians. My first taste of that came during the Soviet coup attempt of 1991 when I worked with colleagues to create an archive of the network traffic in, out and within the Soviet Union. That traffic flowed through a computer called "Kremvax," operated by RELCOM, a Russian software company. The content of that archive was not generated by the government or the establishment media -- it was citizen journalism... more

Fairness & Due Process Require Changes to ICANN’s “Updated Supplementary Procedures” to the IRP

The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding... more

Should You Pay Ransomware Demands?

Ransomware is a huge problem for small and medium businesses, and the most important question is this: should you pay the ransom? Ransomware has proven a successful revenue generator for criminals, which means the risk to businesses will grow as ransomware becomes more sophisticated and increasing numbers of ethically challenged criminals jump on the bandwagon. more

New Report on “State of DNSSEC Deployment 2016” Shows Continued Growth

Did you know that over 50% of .CZ domains are now signed with DNS Security Extensions (DNSSEC)? Or that over 2.5 million .NL domains and almost 1 million .BR domains are now DNSSEC-signed? Were you aware that around 80% of DNS clients are now requesting DNSSEC signatures in their DNS queries? And did you know that over 100,000 email domains are using DNSSEC and DANE to enable secure email between servers? more

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception... more

CircleID’s Top 10 Posts of 2016

The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year. more

Internet Governance Outlook 2017: Nationalistic Hierarchies vs. Multistakeholder Networks?

Two events, which made headlines in the digital world in 2016, will probably frame the Internet Governance Agenda for 2017. October 1, 2016, the US government confirmed the IANA Stewardship transition to the global multistakeholder community. November 2, 2016, the Chinese government announced the adoption of a new cybersecurity law which will enter into force on July 1, 2017. more

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more

Is Proprietary Dead?

A new age of openness is coming upon us. At least that's what we're being told. For instance -- "The reign of closed solution suites is over, shifting to the rise of open, heterogeneous software ecosystems." Maybe it's my 30 years in the information technology business (how many people remember Thomas-Conrad ARCnet hardware?), but I'm not convinced. It's worth taking a moment to consider the case. more

It’s Official: 2016 Was a Record Year for Domain Name Disputes

As I predicted more than three months ago, 2016 turned out to be a record year for domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP). That's according to statistics from the World Intellectual Property Organization (WIPO), the only UDRP service provider that publishes real-time data on domain name disputes. WIPO's statistics show 3,022 cases in 2016 -- an increase of almost 10 percent from 2015. The previous most-active year for domain name disputes was 2012... more

2016 New gTLD Year in Review (Infographic)

This post provides an overview of The 2016 New gTLD Year in Review infographic, reflecting on some of the intriguing highlights of the gTLD industry. The data analyzed within the infographic is based on the following: New Top Level Domains (TLDs) contained in the data set reflect open TLDs and exclude single registrants such as brands; For greater insight, TLDs have been separated into four quartiles or 'tiers' with tier 1 being the top 25% and tier 4 being the bottom 25%... more

Is 2017 Crunch Time for the Domain Industry?

Verisign's spent the best part of 2016 putting out warnings. The .COM operator and domain industry heavyweight highlighted its Q3 earnings report with a stern "Ending Q4 '16 Domain Name Base expected to decrease by between 1.5M to 2.8M registrations from the end of Q3 '16". A forecast which the company said was based on "on historical seasonality and current market trends." As 2016 drew to a close, the downturn seemed to materialize... more

Bridging California’s Rural Digital Divide

A shift has occurred in agriculture: farmers are not only relying on clouds but increasingly, on the cloud. With the click of a mouse, farmers can find out which fields need water and chemical inputs in real time. The use of this technology, called precision agriculture, is helping farming become more productive, environmentally friendly and is revolutionizing how our food is cultivated. more