The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more
The recent decision taken in the USA makes total sense. It has been ridiculous that the incumbent telecoms operators there could present themselves as ISPs and claim that broadband was a content service rather than telecoms infrastructure - by doing this successfully for 20 years, they have not been subject to a range of telecoms regulations. This in turn has stifled competition, innovation, good quality customer services and the development of fibre optic networks in the USA. more
A dispute policy for the new '.bible' top-level domain name requires panelists who agree to hear cases to affirm that they "enthusiastically support the mission of American Bible Society" and that they "believe that the Bible is the Word of God which brings salvation through Christ." The DotBible Community Dispute Resolution Policy appears to be the first domain name dispute policy that requires panelists to take a religious oath - or, for that matter, an oath other than anything related to maintaining neutrality. more
The transition of the Internet Assigned Numbers Authority (IANA) to the multi-stakeholder community is one step closer to becoming reality. The National Telecommunications and Information Administration (NTIA) approved the proposal submitted by the ICANN to privatize oversight of the internet domain name system's central root zone last week, crossing a critical hurdle for advocates of the transition. However, two recent Congressional hearings have put the IANA transition back in the crosshairs of many policymakers and political pundits, keeping the likelihood of the transition occurring before September up in the air once again. more
In the past seven years, the number of people online has essentially doubled, from 1.7 billion in 2009 to about 3.4 billion today. New and innovative services have also emerged and people and companies around the world are using the Internet in ways barely imagined at the turn of the decade. Looking ahead to the next five to seven years, there are many forces at work that could have a significant impact on the Internet. more
The dividing line between developers and IT operations used to be distinct. Developers were responsible for adding new features securely, but it was IT operations who had responsibility for infrastructure and network security. For the most part, developers didn't have to think too much about the wider security context. With the advent of the cloud, and of devops, things changed radically. more
In the last three years, almost 1,000 new generic top-level domains (new gTLDs) have entered the market, increasing the previous 22 options for generic domain name extensions, like .com, .net and .org, by almost 5,000 percent. While expanded choice can be good for consumers, small businesses and website owners may be overwhelmed by the many different options and have a lot of questions about which domain extension is right for them or their brand. Recently I spoke with editors at WIRED about what their readers should ask themselves when determining how to choose the right domain name and it came down to the following seven key questions. more
J. Gordon Crovitz is making his case against the IANA transition again today, in the pages of the Wall Street Journal. I think it's useful to once again go on record opposing his flawed logic against the transition. i2Coalition was among those that publicly praised the IANA transition report when it arrived this week. When the Washington Post covered our announcement, I was frustrated by a commenter who has a different take on the transition than I. more
The foundational idea behind "net neutrality" is one of fairness by constraining ISP power over network mechanisms. The theory is this: if there is "non-discriminatory" local traffic management, then you have "fair" global outcomes to both users and application providers. There are thousands of pages of academic books making this assumption, and it is the basis of recent EU telecoms law. more
The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more
A guy I know passed along this e-mail sent to one of his customers. They assumed it was a phish, since they didn't recognize the domain name in the link, but couldn't figure out what the goal of the phish was. They even checked the list of ICANN registrars, and nope, registrar.eu wasn't on the list. Nonetheless, this mail was real, and if the recipient had ignored it, his domain would have been suspended. What's going on? more
On 31 May 2016, The Commission together with Facebook, Twitter, YouTube and Microsoft unveiled a code of conduct that includes a series of commitments to combat the spread of illegal hate speech online in Europe. These IT Companies support the European Commission and EU Member States in the effort to respond to the challenge of ensuring that online platforms do not offer opportunities for illegal online hate speech to spread virally. more
Over the past two weeks Andrew Lerner, Vice President in Gartner Research covering enterprise networking products, has put out two successive blogs that raise really interesting questions about the changing world of network management in an increasingly cloud-centric world. In "What Keeps Network Folks Up at Night?", Andrew writes about the worrisome challenges in the Banking/Financial industry related to frequent manual network configuration errors. more
Hacking remains a huge problem for businesses. As noted by MarketWatch, more than 175 data breaches have already happened this year, and in 2015 approximately 105 million adults in the United States had their personal information stolen. For companies, the stakes are huge: Compromised systems not only damage the bottom line but can severely impact public opinion. more
In early 2012, in order to promote Choice, Competition and Innovation, ICANN opened its doors to allow organizations to apply for new Top Level Domains. In spite of a complex and costly application process, ICANN received a very large number of applications: In total, 1,930 applications were received, of which 675 were brands applying for a closed new gTLD, a dot brand. more
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