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
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
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
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
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
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
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
Like many foreigners, I follow U.S. politics closely. What happens in Washington, D.C. on trade, economics, foreign policy, and security matters can often have ripple effects across the world. This is also true with respect to internet policy, and like many who work in the internet industry, I am getting increasingly concerned by some of the news coming out of Washington. more
Cable operators face a big challenge today as data utilization continues to increase on their networks. Keeping up with the demand for high quality services while upgrading network infrastructure seems to be a never-ending task. Many times, network upgrades are done without much help from tools and systems, leaving it mostly based on experience and performance indicators defined by the operator. Unfortunately, this is the reality for far too many service providers today. more
The ".COM Registry Agreement Amendment" is on the Main Agenda for this Thursday's Regular Meeting of the ICANN Board. The proposed extension of the RA was announced and put out for public comment on June 30th. The public comment period closed on August 12th and ICANN staff's Report of Public Comments was due on September 15th, coincident with the Board meeting. The original due date for that staff Report was August 26th, but was pushed back to accommodate the large number of comments... more
UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. Michael Gleissner / NextEngine Ventures LLC the Panel concluded that the time between registration of the domain name and the filing of the complaint was too short for bad faith use... more
High drug prices are a global public health crisis. This is mostly the case among lower income countries but also for citizens and residents in the U.S, where tens of millions are not filling prescriptions due to cost. The international online marketplace is a much-needed lifeline for consumers who cannot afford prescription medication where they live. People deserve the widest possible access to safe and affordable medication, including online access, and the Internet community can help. more
Earlier today some of the biggest names in the tech industry sent a letter to Congress in support of the IANA transition and urging Congress not to delay it. The IANA transition relies on the expiry of the contract between the US Government's Department of Commerce and ICANN which is scheduled for the end of this month. As has previously been noted, some conservative politicians, most notably Senator Ted Cruz, have been very vocal in their criticism of the move and want to block it in Congress. more
Thursday, September 8, 2016 was a terrible, horrible, no good, very bad day for the prospects of the IANA functions transition being completed by October 1, 2016. Indeed, that same date - but in 2017 - may be the earliest that the handoff from NTIA to ICANN can be completed, given what last Thursday. The day began with the announcement that Sen. Ted Cruz would be making his first Senate floor remarks since exiting the Republican Presidential race, and that the talk's focus would be a continuation and escalation of his long-standing opposition to "Obama's Internet giveaway". Shortly after 11 am, Sen. Cruz began speaking from his Senate desk... more
A little over a year ago I wrote a series of articles to help guide those with a .brand TLD through the delegation process. After ICANN's recent push for .brands to delegate, the majority are now across the line. There would be many organizations out there currently feeling like first time parents who've just brought a newborn home from the hospital -- it's been a long process already, and the hard work hasn't even begun. more
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