The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more
The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more
During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more
Humanity continues to find itself at a crossroads. Ahead of us lies an uncertain future filled with predictions of imminent doom and ominous prospects along with the wonders of science and technology. Behind us lies a century marked paradoxically by both devastating global conflicts and unparalleled global collaboration. As societies continue to globalize, we are increasingly becoming more connected - to the point where it is difficult, if not impossible, to divorce ourselves from the interconnectivity in contemporary systems of commerce, economics, politics, and culture. more
Everyone is familiar with broadband 'speed test' applications. When you have an ISP service quality problem, it is common to grab one of these tools to see if you are getting the service you feel you are entitled to get. Whenever you upgrade your broadband, the first thing you might do is to run a speed test. Then you can show off to your mates how superior your blazing fast service is compared to their pitiful product. more
This week in Japan I have been invited to address the Multi-Stakeholder Conference that will officially open the G7 ICT Ministerial summit in Takamatsu. The focus of the ICT Ministerial will be on four distinct areas: (1) Innovation and economic growth; (2) Unrestricted flow of information, and ensuring the safety and security in cyberspace;
(3) Contributing to the resolution of global issues, including digital connectivity; (4) International understanding and international cooperation in the future. more
Do you have an idea for an innovative use of DNSSEC or DANE? Have you recently deployed DNSSEC or DANE and have some "lessons learned" that you could share? Did you develop a new tool or service that works with DNSSEC? Have you enabled DNSSEC by default in your products? (And why or why not?) Do you have ideas about how to accelerate usage of new encryption algorithms in DNSSEC? more
Science, technology, engineering and mathematics (STEM) careers are some of the most challenging, dynamic, and lucrative in the world. STEM fields are crucial to driving innovation and sustained economic prosperity, yet finding the right talent to make businesses sustainable appears to be harder than ever before as 2.4 million STEM jobs will be unfilled by 2018. more
A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more
The problem today is bureaucracy and its companions - fear of competition, change and stepping out of line. Cuba connected to the Internet in 1996, but three factors stifled the Cuban Net: the US embargo, economic depression during what the Cubans call the "special period" after the disintegration of the Soviet Union and the Cuban government's fear of free information, which was also fed in part by the Soviet collapse. more
As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more
I believe and strongly support Internet Principle and Right Coalition (IPRC) Charter is an important edition of document supplementing the principles and rights of individual internet users in any developing and least developed country. Especially in Asia Pacific region where the need and use of such document is immense, as there is a gap in recognition and awareness of rights of internet users. more
No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more
FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more
Do you live in the Asia-Pacific region and are interested in accelerating the deployment of key technologies such as IPv6, DNSSEC, TLS or secure routing mechanisms? If so, my Internet Society colleagues involved with the Deploy360 Programme are seeking a "Technical Engagement Manager" based somewhere in the AP region. Find out more information about the position, the requirements and the process for applying. more
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