Featured Blogs

Filing Cybersquatting Complaints With No Actionable Claims

I noted in last week's essay three kinds of cybersquatting complaints typically filed under ICANN'S Uniform Domain Name Dispute Resolution Policy (UDRP). The third (utterly meritless) kind are also filed in federal court under the Anticybersquatting Consumer Protection Act (ACPA). While sanctions for reverse domain name hijacking are available in both regimes, the UDRP's is toothless and the ACPA's a potent remedy. more

Observation from Seminar on IANA Function Stewardship Transition Held by CAICT

On August 16 of 2016, the US Government announced its intention to transit the stewardship of the Internet Assigned Numbers Authority (IANA) function to the multistakeholder community upon the expiration of the IANA function Contract as of October 1 of 2016, barring any significant impediment... This announcement attracts the close attention of Internet community around the world and also in China. more

Moving to the Cloud? 10 Key Questions for CIOs

Companies are moving to the cloud. According to Cloud Tech, CIOs are on the front lines: In 72 percent of companies surveyed, chief information officers lead the cloud computing charge. However, adoption without the right information is doomed to fail - here are 10 key questions CIOs should ask before moving operations to the cloud... First, it's critical to identify business benefits. Here the key to success lies in specifics rather than generalities... more

Benefits and Challenges of Multiple Domain Names in a Single UDRP Complaint

How many domain names can be included in a single complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP)? Neither the UDRP policy nor its corresponding rules directly address this issue, although the rules state that a "complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder." more

Domain Name Association Supports IANA Transition, Petitions Congress to Move Forward

I recently sent a letter to congressional leaders including Speaker of the House Paul Ryan; House Minority Leader Nancy Pelosi; Senate Majority Leader Mitch McConnell and Senate Minority Leader Harry Reid expressing the Domain Name Association's support of the U.S. Administration's planned transition of the Internet Assigned Numbers Authority (IANA) to the global multi-stakeholder community under the stewardship of the Internet Corporation for Assigned Names and Numbers (ICANN). more

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more

Breaking Nonsense: Ted Cruz, IANA Transition and the Irony of Life

Harvard Professor Karl Deutsch, the late nestor of political science, described world history as the "history of side effects". Political actions, according to his theory, always have side effects which go out of control and constitute new history. The history of the Internet is full of side effects. But this time, we could have special unproductive side effects. A failure of the IANA transition could trigger a process towards a re-nationalization of the borderless cyberspace... more

Infrastructure for a Connected World

Connected devices need a free-to-use infrastructure that allows for innovation beyond the needs of a provider or other intermediary. An interface is best when it disappears and the user can focus the problem at hand. In the same way infrastructure, is best when it can simply be assumed and becomes invisible. With an invisible infrastructure as with an invisible interface a user can concentrate on their tasks and not think about the computer. Dan Bricklin and I chose to implement VisiCalc on personal computers that people could just purchase. more

The Kindness of Strangers, or Not

A few days ago I was startled to get an anti-spam challenge from an Earthlink user, to whom I had not written. Challenges are a WKBA (well known bad idea) which I thought had been stamped out, but apparently not. The plan of challenges seems simple enough; they demand that the sender does something to prove he's human that a spammer is unlikely to do. more

DDOS Attackers - Who and Why?

Bruce Schneier's recent blog post, "Someone is Learning How to Take Down the Internet", reported that the incidence of DDOS attacks is on the rise. And by this he means that these attacks are on the rise both in the number of attacks and the intensity of each attack. A similar observation was made in the Versign DDOS Trends report for the second quarter of 2015, reporting that DDOS attacks are becoming more sophisticated and persistent in the second quarter of 2016. more

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more

Ted Cruz May Have a Point

As the time ticks away on Senator Cruz's ersatz Doomsday clock, possibly accompanied by the fat sound of Mic Michaeli's analog synthesiser riff, it is easy to dismiss all his arguments as the ravings of a disappointed Cecil Underwood. Some in the ICANN community have described Cruz as a skilled orator. This isn't precisely accurate. He is certainly a competent orator but his outstanding skill is that he is a brilliant courtroom advocate. more

Internet Stewardship Transition Critical to Internet’s Future

This article was co-authored by Ambassador Daniel A. Sepulveda, serving as U.S. Coordinator for International Communications and Information Policy at the U.S. Department of State, Christopher Painter, serving as Coordinator for Cyber Issues at the U.S. Department of State and Scott Busby, serving as Deputy Assistant Secretary of State for Democracy, Human Rights and Labor. ... The growth of the global Internet as an open platform for innovation and economic and social development has succeeded in large part because of its multistakeholder system of governance. more

What We Can Learn from URS Decisions (Hint: Not Much)

In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name dispute policy. URS determinations typically offer no insight into the reasons behind an expert's decision, regardless of whether the determination was in favor of the trademark owner (to temporarily suspend the disputed domain name) or the domain name registrant (to allow the registrant to retain the domain name without interruption). more

Transition of Oversight of the IANA Functions: What is at Stake

As the expiry date of the current IANA Functions contract approaches (October 1st, 2016), some in the US Congress are challenging the validity of the proposal to transfer (or "transition") the ovesight role currently exercised by the US Administration, to a multistakeholder system equipped with checks and balances. A letter was sent to the President of the United States of America. Similar letters were sent to the Speaker and Leadership of the House of Representatives, as well as to the President pro tempore and Leadership of the Senate. more