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When CDA Immunity is Not CDA Immunity

Here's a question: If 47 USC 230(c) (the Good Samaritan provision of the Communications Decency Act) says that online services are not liable for third party content, then can you even sue the online service? Shouldn't the online service be immune from lawsuit? Because, after all, what would be the point of being sued for something for which you cannot be liable? more

What Steps Can Africans Take and Lead in Internet Governance and Social Justice?

Almost three years ago, I published a blog post on CircleID titled "Internet Governance: Why Africa Should Take the Lead." I argued that African Internet stakeholders use a 'wait and see approach' in matters as critical as Internet governance," and that African voices are missing in key Internet governance discussion fora. Additionally, I suggested that some reasons for this approach, including that Africa lacks well-trained Internet governance experts and Africans see foreign affairs and international relations as an East versus West dynamic. more

Can the Internet Work Across Borders?

On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more

Why African Telecom Union (ATU) Proposal Should be Rejected

My attention was drawn to the recent African Telecom Union (ATU)'s proposal for the modification and expansion of Resolution 47... As an affected party to the proposal, I feel obliged to make a comment: Recalling my last article to The Hill titled "ICANN is already under the influence of Foreign Governments", I drew an example of how ICANN allowed the African Union Commission, an Intergovernmental body to heavily interfere in the .Africa application so as to delegate it to itself, which led me to take ICANN to Court. more

Aussie Football Code Makes Habit of Brand Innovation with Its Branded TLD

The world's first sporting code to launch its own branded Top-Level Domain (TLD) has continued to flex its innovation muscle with a creative new endeavor. The Australian Football League (AFL) has added www.coffee.afl to its existing line-up of .afl sites. The dedicated website offers fans the chance to buy team branded coffee pods, with proceeds going to support their clubs. more

Certifying to Merit and Proper Purpose in Alleging and Defending Cybersquatting Claims

Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial jurisdictions) "that the information contained in this [Complaint or Response] is to the best of [Complainant's or Respondent's] knowledge complete and accurate, that this [Complaint or Response] is not being presented for any improper purpose, such as to harass... more

Afilias’ Cynical Attempt to Secure a Windfall at Community Expense

On Friday, October 28, Afilias issued a public statement urging the Internet Corporation for Assigned Names and Numbers (ICANN) to nullify the results of its July 27, 2016 public auction for the .web new generic top level domain (gTLD) -- in which Nu Dotco, LLC (NDC) submitted the highest bid for .web -- and disqualify NDC from participation in the .web contention. The real issue here is whether ICANN should enforce the results of a fair and competitive public auction... more

Death of Transit: A Need to Prevent Fragmentation

Way back in the olden days, folks decided that cities should invest lots of money in public transportation systems. The reasons were many fold, including reducing the number of individual vehicles being driven in too, and parked in, congested "downtown" areas, and increasing traffic to businesses in those areas, increasing their commercial viability. Many of these systems are sold to the public with the idea that they will (at least) break even against capital and operational expenses over time, but the reality is far different. more

Enhanced Cooperation v2005 is Dead; Long Live Enhanced Cooperation

The page with the WSIS version of enhanced cooperation of Internet governance, developed in 2005, was turned forever on 30 September 2016 with the expiration of the IANA contract between the NTIA and ICANN. The IANA arrangement was the last issue that remained unchanged since the WSIS Tunis phase where the international community discussed Internet governance related issues for the first time. On 1 October 2016, the concept of enhanced cooperation as defined by the Tunis Agenda ceased to exist. more

ITU’s Wise WTSA DOA Decision

The venerable old International Telecommunication Union (ITU) tradition finished up yesterday. Indeed, very late yesterday. The 568 representatives from 92 National Administrations met in a Tunisian town on the Mediterranean to make some key decisions about intergovernmental standards meetings for the next four years -- a body known as the WTSA (World Telecommunications Standardization Assembly). In the end, they avoided what could have been a dreadful mistake and emerged a better organization. more

DNSSEC Activities at ICANN 57 in Hyderabad on 4-7 November 2016

Friday marks the beginning of the ICANN 57 meeting in Hyderabad, India. As per usual there will be a range of activities related to DNSSEC or DANE. Two of the sessions will be streamed live and will be recorded for later viewing. Here is what is happening. All times below are India Standard Time (IST), which is UTC+05:30. Please do join us for a great set of sessions about how we can work together to make the DNS more secure and trusted! more

High-Bid Auctions Deflate the .nyc TLD

Our hope for an intuitive and trusted .nyc TLD took a hit today when 20 domain names were sold to 10 bidders in city's first high-bid auction. While the city refers to these as "premium" names, we think of them as heritage names. With our city-TLD's success predicated on its utility and predictability, this first of perhaps 25 auctions bodes poorly on its chances. More on that in a bit, but first some details on the auction. more

The Strength of Top-Level Domains in UDRP Decisions

Another domain name dispute decision -- this one for '24hour.fitness' -- has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute Resolution Policy (UDRP). As I have written before, the proliferation of new TLDs is having an impact on whether and how UDRP panels consider the TLD in their decisions. more

Internet Society Seeks Nominations for 2017 Board of Trustees

Are you passionate about preserving the global, open Internet? Do you have experience in Internet standards, development or public policy? If so, please consider applying for one of the open seats on the Internet Society Board of Trustees. The Internet Society serves a pivotal role in the world as a leader on Internet policy, technical, economic, and social matters, and as the organizational home of the Internet Engineering Task Force (IETF). more

ICANN57 Preview: What to Expect in Hyderabad

The domain name industry descends on Hyderabad this week for ICANN's 57th annual public meeting, with a mixed sentiment of excitement and determination as ICANN stands on its own two feet absent US Government oversight. We'll have to get used some new acronyms as a result: PTI -- Public Technical Identifier; and the CSC -- Customer Standing Committee, but otherwise I don't think many of us will notice the difference. more

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