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Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more

Perfect Storm Brewing at ESPs Amidst Growing PowerMTA Admin Crisis

Sometimes, a software company is as much about people as it is about technology. Who says PowerMTA admins don't have influence? Not only are they the influencers of our brand [Port25] they are also the main influencers and decision-makers when it comes to purchasing decisions. more

An Unprecedented Look Into Utilization at Internet Interconnection Points

Measuring the performance of broadband networks is an important area of research, and efforts to characterize the performance of these networks continues to evolve. Measurement efforts to date have largely relied on inĀ­home devices and are primarily designed to characterize access network performance. Yet, a user's experience also relies on factors that lie upstream of ISP access networks, which is why measuring interconnection is so important. more

Overreaching Trademark Owners and the Misguided Better Right Theory of Domain Name Ownership

In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more

Australian Football League Kicks Off Sporting Code .Brands

I can't lie -- I absolutely LOVE Aussie football and have kicked a ball around since I was three years old. In fact, I always will. My ongoing love for the game is as certain as death, taxes and the fact that my beloved Melbourne Demons club will give me both incredible highs and heartbreaking lows each and every year. For most Aussies, a sporting life is very much the way of life... Today is one of those wonderful times when you get to blend your professional and personal passions. more

DNSSEC Workshop Streaming Live from ICANN 55 in Marrakech on Wednesday, March 9, 2016

What is the current state of DNSSEC deployment around the world and also in Africa? How can you deploy DNSSEC at a massive scale? What is the state of using elliptic curve crypto algorithms in DNSSEC? What more can be done to accelerate DNSSEC deployment? Discussion of all those questions and much more can be found in the DNSSEC Workshop streaming live out of the ICANN 55 meeting in Marrakech, Morocco, on Wednesday, March 9, from 9:00 to 15:15 WET. more

DotSpam? Certain New gTLDs Rapidly Outpacing Legacy TLDs in Terms of Abuse

Would you like to hear about how to treat your psoriasis? Where to get a cheap oil change? How to flatten your belly? Achieve a stronger sexual life? Cheap toner? Annuities? Herpes? Bed bugs? Free energy? Varicose-Veins? Herpes? Saggy skin? Arthritis? Overactive bladder? Drug addiction? Herpes? No? Well, that's too bad, because that you are going to hear about it whether you like it or not. Many of the messages about these and other subjects are being carried to you via new gTLDs. more

Legacy or Not to Be?

Over the years, most communication service providers will build up their information systems bit by bit. Every so often as new services are required, a new process and vendor product is installed. Several years later, there can be many legacy processes and vendor products chosen and designed by many different people. Generally, each implementation team is diligently aware of these legacy processes and vendor products. But in a lot of cases the whole enterprise architecture becomes very convoluted and complicated. more

The CCT Review Needs You!

Come join the discussion on Wednesday 17:15 UTC. Quis custodiet ipsos custodes? As ICANN approaches its 18th birthday, it marks its ascension to adulthood and independence with a new framework of accountability. As we attempt to modernize and empower the organization with oversight of the DNS, the question of "who watches the watchmen?" is on the tip of everyone's tongue. more

Chinese Drawing Even With English on Global Websites

Over the past decade Simplified Chinese has grown to become one of the most popular languages on global websites, second only to English. According to the Web Globalization Report Card, which has long monitored languages supported by the world's leading brands, Chinese was seen on only about six out of ten websites in 2006. Today, it is seen on virtually every global website. more

Blocking and Filtering in Collaborative Security Context - A Reflection on RFC 7754

The other day, I planned to take my 15-year-old son to the movie theatre to see "Hateful Eight" in 70mm film format. The theatre would not allow him in. Under article 240a of the Dutch penal code, it is a felony to show a movie to a minor when that movie is rated 16 or above. Even though I think I am responsible for what my son gets to see, I understand that the rating agency put a 16-year stamp on this politically-incorrect-gun-slinging-gore-and-curse-intense-comedy feature. more

Macro Observations Facing Email Infrastructure

Last month I attended the 36th annual M3AAWG conference in San Francisco, where esteemed members of the online messaging and anti-abuse community come together to make the Internet a safer and more secure environment. The sending community is highly influential especially among Email Service Providers (ESPs) and truly dominated the two-macro conversations that I participated in. These conversations have the industry in somewhat of a transition. more

Senate Letter to ICANN Board Showcases Critical Misunderstanding of What ICANN Is

Today's new U.S. Senate letter to ICANN - the latest in a series of letters on the work of the ICANN technical communities - is disturbingly well crafted. If taken at face value, it even seems to lend credence to the idea that ICANN is potentially a perpetuator of the limiting of free speech, and it could be seen as a break in the narrative that i2Coalition perpetuates, that the IANA transition is a positive step in strengthening multistakeholderism over dangerous multilateralism when it comes to Internet governance. more

What Your ISP (Probably) Knows About You

Earlier this week, I came across a working paper from Professor Peter Swire - a highly respected attorney, professor, and policy expert. Swire's paper, entitled "Online Privacy and ISPs", argues that ISPs have limited capability to monitor users' online activity. The paper argues that ISPs have limited visibility into users' online activity for three reasons: (1) users are increasingly using many devices and connections, so any single ISP is the conduit of only a fraction of a typical user's activity; (2) end-to-end encryption is becoming more pervasive, which limits ISPs' ability to glean information about user activity; and (3) users are increasingly shifting to VPNs to send traffic. more

CEO Chehade, Senator Cruz, and the IANA Transition End Game

On February 4, 2016, U.S. Senator (and Republican Party Presidential nomination contender) Ted Cruz, joined by Senators James Lankford and Michael Lee, dispatched a letter to ICANN CEO Fadi Chehade stating that "we were surprised and dismayed to learn that you have agreed to co-chair a high-level advisory committee for the World Internet Conference, which is organized by the Chinese government, while you serve as the Chief Executive Officer of ICANN under contract with the United States Government". The letter continued by posing a series of nine questions... more

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