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Challenging UDRP Awards in Courts of Competent Jurisdiction

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused of cybersquatting even though registration agreements use the word "mandatory" in the event of third-party claims. The UDRP is mandatory only in the sense that respondents are "obliged by virtue of the [registration] agreement to recognize the validity of a proceeding initiated by a third-party claimant." more

China’s QUESS and Quantum Communications

In mid-August China launched "QUESS" (Quantum Experiments at Space Scale), a new type of satellite that it hopes will be capable of "quantum communications" which is supposed to be hack-proof, through the use of "quantum entanglement". This allows the operator to ensure that no one else is listening to your communications by reliably distributing keys that are then used for encryption in order to be absolutely sure that there is no one in the middle intercepting that information. more

Security Against Election Hacking - Part 2: Cyberoffense Is Not the Best Cyberdefense!

State and county election officials across the country employ thousands of computers in election administration, most of them are connected (from time to time) to the internet (or exchange data cartridges with machines that are connected). In my previous post I explained how we must audit elections independently of the computers, so we can trust the results even if the computers are hacked. more

The Impact of Reverse Domain Name Hijacking on Supplemental Filings in UDRP Cases

In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more

Security Against Election Hacking - Part 1: Software Independence

There's been a lot of discussion of whether the November 2016 U.S. election can be hacked. Should the U.S. Government designate all the states' and counties' election computers as "critical cyber infrastructure" and prioritize the "cyberdefense" of these systems? Will it make any difference to activate those buzzwords with less than 3 months until the election? First, let me explain what can and can't be hacked. Election administrators use computers in (at least) three ways... more

Video: Interview with Jari Arkko at IETF 96 in Berlin

Would you like to understand the major highlights of the 96th meeting of the Internet Engineering Task Force (IETF) last month in Berlin? What were some of the main topics and accomplishments? How many people were there? What else went on? If so, you can watch a short video interview I did below with IETF Chair Jari Arkko. more

ICANN the Machine…

ICANN's new gTLD expansion is really quite an ingenious ploy to grow the once small California non-profit into an unstoppable machine, worth hundreds of millions of dollars, which soon plans to finally be free from any external oversight. I have no doubt that ICANN pats itself on the back for pulling the wool over so many eyes, including stakeholders, new gTLD applicants, politicians, and the global general public. more

Reselling Domain Names on the Secondary Market: Bona Fide Offering, or Not?

On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more

Buying Multiple Domains Makes Sense

Companies usually use one single domain name for their online activities but then, more questions pop up: SEO, Infringement, Future of the company, monitoring online competition... If buying multiple domain names answers some of these questions, there is a way to do it. Here is how... It often happens that the domain name of a company is neither the generic keyword of its core business nor a keyword that necessarily appears attached to its name. more

Complexity and Crashes

It's a familiar story by now: on the 8th of August, 2016, Delta lost power to its Atlanta data center, causing the entire data center to fail. Thousands of flights were cancelled, many more delayed, and tens of thousands of travellers stranded. What's so unusual about this event is in the larger scheme of network engineering, it's not that unusual. If I think back to my time on the Escalation Team at a large vendor, I can think of hundreds of situations like this. And among all those events, there is one point in common: it takes longer to boot the system than it does to fix the initial problem. more

A Journey Into the Surreal: The GOP Protecting “Internet Freedom” With 25 Friends

Few people would suggest that much of the life in the U.S. national political scene these days has any nexus to the real world. At national election time, the disconnect and hyperbole in Washington get worse. "Unhinged" seems to be a common term. The recently released GOP platform on "protecting internet freedom" followed up by the "twenty-five advocacy groups" letter to Congressional leaders is definitely an unhinged a journey into the land of the clueless. more

The Truth About Supplemental Filings in UDRP Cases

A typical proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) consists of a complaint and, sometimes, a response. UDRP Rule 12 makes clear that "further statements or documents from either of the Parties" are appropriate only if "the Panel... request[s], in its sole discretion." In practice, however, such supplemental or additional filings are not uncommon, with the leading UDRP service providers - WIPO and the Forum - issuing guidance about when they may be appropriate. more

How Radix’s New gTLDs Fare with Consumers - An Infographic

ICANN conducted Phase 2 of its Global Consumer Research Survey to determine consumer response to domain names, both legacy and new gTLDs. The ICANN commissioned survey conducted by Nielsen included 5,452 consumers ages 18+ in 24 countries and was conducted in 18 languages. This research was aimed at measuring several variables like TLD awareness, consumers' interaction with sites on classic and new TLDs and their trust in them. more

I Didn’t Put My Name on the Census

On many occasions I have written about the dangers of electronic communications in relation to data retention laws, government e-spying and other activities undermining our democracy and our liberty. To date governments still have to come up with evidence that all of this spying on their citizens has prevented any terrorist attacks. Terrorism has been given as the key reason for the government's spying. more

IoT Developments: NIST Issues Tech Guidance while NTIA Seeks Broad Input, Global Efforts Percolate

As the federal government grapples with Internet-connected devices and applications that make up the Internet of Things (IoT), the National Institute of Standards and Technology (NIST) is forging ahead to provide "technical leadership" for "the operation, trustworthiness, and lifecycle of IoT". Such efforts complement - and contrast - recent policy efforts at the National Telecommunications and Information Administration (NTIA) and elsewhere to promote IoT innovation while addressing security, privacy, and interoperability.  more

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