Featured Blogs

Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more

Navigating the “Pentest” World

The demand for penetration testing and security assessment services worldwide has been growing year-on-year. Driven largely by Governance, Risk, and Compliance (GRC) concerns, plus an evolving pressure to be observed taking information security and customer privacy seriously, most CIO/CSO/CISO's can expect to conduct regular "pentests" as a means of validating their organizations or product's security. more

What’s the Impact of Cloud Computing on the Environment?

Post-Thanksgiving is a time of reflection where we are thankful for technological improvements that allow us to succeed. Every-so-often, technology comes along that not only improves our business but can also help the world. Cloud computing is such a technology. Transitioning to the cloud is a good choice for just about any business, for several reasons. Cloud applications offer scalability, performance, cost-effectiveness and easy mobile access. more

Data Breaches and You: ISOC Global Internet Report 2016 Explains Critical Steps You Need to Take Now

Data breaches are the oil spills of the digital economy. Over 429 million people were affected by reported data breaches in 2015 -- and that number is certain to grow even higher in 2016. These large-scale data breaches along with uncertainties about the use of our data, cybercrime, surveillance and other online threats are eroding trust on the Internet. more

How Can We Improve for ICANN 58?

Hyderabad set a new record in terms of attendance with a total of 3,141 participants registered and 1,400 attendees identified as 'locals' from the region. It was also, theoretically at least, one of the longest ICANN meetings with seven days baked into the schedule. Unfortunately, the development of the schedule itself was the source of much community criticism throughout the meeting, resulting in a chunk of time devoted to the topic during the second Public Forum. more

UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... more

Don’t Fall for This Domain Name ‘Expiration’ Scam

If, like me and my clients, you ever receive an email about a domain name expiration, proceed with great suspicion -- because many of these "notices" are a sham. They're designed to sell you services you don't need or to trick you into transferring your domain name to another registrar. Usually, the emails can safely be ignored. Here's an example: As shown, an important-looking email from "Domain Service" refers to a specific domain name in the subject line. more

A Real-Names Domain Registration Policy Would Discourage Political Lying

I've discussed the role of the Internet in creating and propagating lies in a previous post, noting that Donald Trump lied more frequently than Hillary Clinton or Bernie Sanders during the campaign. Now let's look at fake news like the claim that Pope Francis had endorsed Trump. The fake post features the following image and includes a "statement" by the Pope in which he explains his decision. more

How Bubbles Decide Elections

The victory of Trump left the world perplexed, it did not take long to appear texts blaming Facebook and its bubble for the unexpected result. The "bubble", a theme that circulated more for the academic and technical spheres gained an unusual popularity in the last days, never saw so many texts on the subject published in such a short space of time, and in the recognized spaces of global journalism. more

The Sharing Economy and Sec. 230(c) of the Communications Decency Act

The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is the clash between Airbnb and local jurisdictions. San Francisco implemented a local ordinance that permits short-term rentals on the condition that the rental property is registered. In order to register the property, the resident must provide proof of liability insurance... more

The FCC Under Trump - A Long Shot

In May 2013, President Obama picked Tom Wheeler to head the Federal Communication Commission. The Internet community generally disapproved because Wheeler had been a lobbyist for both the cellular and cable industries and a major contributor to the Obama campaign. Internet service providers AT&T and Comcast lauded the appointment and a few months later, the President was spotted playing golf with Brian Roberts, chief executive of Comcast. more

The Internet (and ICANN) After the Trump Apocalypse

Three months ago, I pondered the question Would the Internet Survive a Trump Apocalypse? As improbable as that outcome was in August, enough of the American electorate has "pulled the pin" to bring it on. It is a brave new world -- distinctly darker and more uncertain. At the moment, the Trump team is trying to figure out how to manifest their vacuous invectives masquerading as policy. The world is watching, and Washington looks like the scene in Ghostbusters where the containment grid has just been turned off, and the demonic ghosts are rising from the underbelly of K-Street. The result here is a Washington lobbying dream -- a result rather different than that promised to naïve Trump devotees. more

Brand Top-Level Domain and Brand Value

Brands are an asset and have a value for organizations, as they generate revenue: Customers are happy to pay a premium for a brand they love. They will show a preference and be loyal to a brand they trust. There are various ways to estimate the value of a brand. An excellent point of reference is Interbrand, which for many years has followed the top 100 brands and publishes their value based on a combination of three factors. more

Google and the Future of FttH

Many commentators rushed into print when they heard that Craig Barratt, senior vice-president of Google's parent company Alphabet and CEO of Access (the unit of which Google Fiber is part), stated that he would quit the job and that Google would slow down or stop its fibre deployment. So, yes, obviously something is happening at Google; but at the same time, the company has a commitment to complete the fiber deployment projects it has already started and also to build the many new networks that have been announced over the last six months. more

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