Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
On 24 August, fifteen applicants for the .corp, .home, or .mail (CHM) new gTLDs sent a letter to the ICANN Board asking for action on the stalled process of the their applications. This points to the answer for the question I asked in march of this year: Whatever happened with namespace collision issues and the gTLD Round of 2012. As the letter from the applicants indicates, ICANN has done little to deal with issues concerned with namespace collisions in the last 2 years. Is it now time for action? more
If you are passionate about ICT policy, Peering, and Interconnection, then the Africa Peering and Interconnection Forum (AfPIF) is the place to be. The 7th annual AfPIF takes place in Dar es Salaam, Tanzania from 30 August – 1 September 2016. AfPIF is a multistakeholder forum organized by the Internet Society that brings together a diverse range of business leaders, infrastructure providers, Internet service providers (ISPs), Internet Exchange Points (IXPs), international financial institutions, policy-makers, and regulators from all over the world. more
In a recent talk at Black Hat, Apple's head of security engineering (Ivan Krsti?) described many security mechanisms in iOS. One in particular stood out: Apple's Cloud Key Vault, the way that Apple protects cryptographic keys stored in iCloud. A number of people have criticized Apple for this design, saying that they have effectively conceded the "Going Dark" encryption debate to the FBI. They didn't, and what they did was done for very valid business reasons -- but they're taking a serious risk... more
In the 1980's internet connectivity meant allowing general public to communicate and share knowledge and expertise with each other instantly and where it was not possible otherwise. Take the story of Anatoly Klyosov, connecting Russia to the western world for the first time in 1982, as an example. A bio-chemist who was not allowed to leave the soviet territory for security reasons. The internet enabled him to participate in meetings with his counterparts at Harvard University, University of Stockholm and beyond. more
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
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
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
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
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
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'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
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
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
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
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