Google announced Nomulus: a tool to operate a new generic Top-Level Domains technically. In the world of new gTLDs, this announcement sounds like it is going to replace, or come as an alternative to backend registries. It could, but this sounding is incomplete... To create domain names ending in a brand new Top-Level Domain, an applicant had to submit an application to the Internet Corporation for Assigned Names and Numbers (ICANN) during the first round of the new gTLD program... more
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more
Around the world, digital technology is seen as vital for economic development. In the U.S. alone, the Internet accounts for about six percent of the entire economy. Digital technology has expanded its role in the global economy in recent years, as both developed and developing nations have become increasingly reliant on the Internet. more
Proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP) can be heard by either a one- or three-member panel. Here are eight important facts that every complainant (trademark owner) and respondent (domain name registrant) should consider when deciding whether to select one or three members... Either party - complainant or respondent - has an opportunity to select a three-member panel... more
The recent attacks on the DNS infrastructure operated by Dyn in October 2016 have generated a lot of comment in recent days. Indeed, it's not often that the DNS itself has been prominent in the mainstream of news commentary, and in some ways, this DNS DDOS prominence is for all the wrong reasons! I'd like to speculate a bit on what this attack means for the DNS and what we could do to mitigate the recurrence of such attacks. more
A venerable old ITU tradition got underway today. Its Telecommunication Standardization body, known as the ITU-T, gathered, as it has done every four years for much of the past 100 years in a conclave of nations, to contemplate what they should be doing at their Geneva intergovernmental standards meetings for the next four years. The gathering is called the WTSA... Old intergovernmental institutional habits still continue, so the participants are gathered in a remote location in Tunisia called Hammamet. more
Last week, millions of infected devices directed Internet traffic to DNS service provider Dyn, resulting in a Distributed Denial of Service (DDoS) attack that took down major websites including Twitter, Amazon, Netflix, and more. In a recent blog post, security expert Bruce Schneier argued that "someone has been probing the defences of the companies that run critical pieces of the Internet". This attack seems to be part of that trend. This disruption begs the question: Can we trust the Internet? more
There is no doubt that the number of online consumers is on a rise and that this is a trend that will not stop any time soon. Over the last couple of years, the number of digital buyers has grown by a steady 150 million each year. This number is expected to stay stable for a few more years to come. By 2020, about two billion people will be purchasing things online and making online money transactions on a regular basis. more
During the last Computer Law Conference organized by ADIAR (Argentina Computer Law Association) and the Universidad Nacional de Sur, I gave a conference on the Internet of Things, cybercrime and dangerous situation presented by the lack of proper regulation -- a topic in which I have one of my research projects. At the moment some people argued that I was talking about something that might happen in a relatively distant future, dissenting with my view that the possibility was imminent.. more
Many of you will have seen news stories that explained what was going on: a huge DDoS attack on the infrastructure of Dyn had taken down access to many large websites like Twitter. A great deal of digital ink has since been spilled in the mainstream press on the insecurity of the Internet of Things, as a botnet of webcams was being used. Here are some additional issues that might get missed in the resulting discussion. more
October 2016 marks a milestone in the story of the Internet. At the start of the month, the United States Government let its residual oversight arrangements with ICANN over the operation of the IANA lapse. No single government now has a unique relationship with the governance of the protocol elements of the Internet, and it is now in the hands of a community of interested parties in a so-called Multi-Stakeholder framework. This is a unique step for the Internet and not without its attendant risks. How did we get here? more
"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more
Answering questions at the Internet Association's Virtuous Circle conference last week, Secretary Kerry presented the U.S. Department of State's effort to prioritize global digital economy issues abroad in order to reflect the growing importance of these issues in both economic and foreign policy. The State Department has made real progress on this initiative in the last year and hopes to continue our momentum going forward. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[ ] ... and as an exceptional matter, that such a hearing is necessary for deciding the complaint" no in-person hearing has ever been held. Rule 13 exists to be ignored. more
Observers of IANA transition may have found a remarkably interesting fact that both supporters and opponents of the transition like citing China, along with a small number of other countries, as evidence in favor of their arguments. For supporters, take Larry Strickling as an example, blocking transition benefits China in that it will "intensify their advocacy for government-led or intergovernmental management of the Internet via the United Nations." On the contrary... more
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