Featured Blogs

Anti-Consumer ICANN Can Not be Trusted To Protect Domain Registrants’ Property Interests

Domain name registrants who purchase a name in any of the present or pending generic (gTLD) top level domains should think twice before entrusting a domain name property interest to ICANN, even though ICANN levies a money tariff on each domain registration. ICANN has no policy language that indemnifies domain name registrants. ICANN language does not even contemplate the possibility of domain theft by an ICANN registrar. more

Is 47 USC 230(c) an Immunity or an Affirmative Defense (Does it Matter?)

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense. Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn't actually a cause of action here." It's like someone suing me for being tall. Well, yeah, but there is no recognized cause of action against being tall. more

An Internet Governance Update

A lot of people (including me) are pretty upset at revelations of the breadth and scale of NSA spying on the Internet, which has created a great deal of ill will toward the US government? Will this be a turning point in Internet Governance? No, smoke will continue to be blown and nothing will happen. Governments are not monolithic. What people call Internet governance is mostly at the DNS application level, and perhaps the IP address allocation. more

Will Uniform Rapid Suspension Be a Substitute for Defensive Domain Name Registrations?

Many law firms and Intellectual Property departments in charge of managing brands and domain names for their customers or businesses must have had that same question: "how do I protect a brand online under the ICANN new gTLD program?" The first potential answer that is usually offered up to an enquirer is: "the Trademark Clearinghouse does that". As time goes by, and the rules under which the Trademark Clearinghouse operates are better defined and understood this answer becomes clearly fallacious. more

The Overlooked Signals of ccTLDs

Two ccTLD signals should get more attention when we're talking about the domains' benefits. Companies in emerging markets can signal their brands to expats and/or westerners. This ability to take the companies' appeal beyond their immediate, national markets deserves a look and some appreciation. Traditionally, Western companies have been the ones who registered ccTLDs to signal target="_blank" operations in overseas markets, while companies in emerging markets use them to signal their local brands to the local market. more

Video: IETF Chair Jari Arkko on “Pervasive Monitoring and the Internet”

Today at the RIPE 67 event in Athens, Greece, IETF Chair Jari Arkko gave a presentation on "Pervasive Monitoring and the Internet" where he spoke about the ongoing surveillance issues and: What do we know? What are the implications? What can we do? Similar to his earlier article on the topic, Jari looked at the overall issues and spoke about how Internet technology should better support security and privacy. more

The Big Bad Internet

I often think there are only two types of stories about the Internet. One is a continuing story of prodigious technology that continues to shrink in physical size and at the same time continue to dazzle and amaze us... The other is a darker evolving story of the associated vulnerabilities of this technology where we've seen "hacking" turn into organised crime and from there into a scale of sophistication that is sometimes termed "cyber warfare". And in this same darker theme one could add the current set of stories about various forms of state sponsored surveillance and espionage on the net. more

The Internet and OpenStand: The Internet Didn’t Happen by Accident

On the World Standards Day of 2013 it seems appropriate to recognize that on the Internet and throughout the Web, nothing goes anywhere without standards. These technical standards - communication protocols, data exchange formats, and interfaces - allow different computers and networks to talk to each other. They are the lifeblood around the world for multibillion dollar industries that didn't exist 20 years ago. They are born of a collaborative, open process that prides itself on technical expertise and measures success by the depth and breadth of their acceptance across a hodgepodge of vastly different technologies all interconnected to what we euphemistically call "the Global Internet." more

DotGreen Debrief: How the Applicant Auction Helps Mission-Driven Applicants

DotGreen announced on Friday that it has withdrawn its application for .green from ICANN's new gTLD program. We were surprised to hear the news, particularly after all of the effort that DotGreen has put into building a community and a movement around its application. While we at Innovative Auctions agree with Annalisa that the ICANN Last Resort auction would have been a poor choice for the DotGreen Community, we believe that the Applicant Auction is a great tool for single-string applicants who want to see their TLD used for a community purpose. more

DotGreen Is No More

Kevin reported on this last night. As you can see from the reactions to his post a lot of people are surprised, shocked and even quite upset that the DotGreen application has been withdrawn. It's not the only application for the string, which is why it was withdrawn, but to many people in the ICANN space it was the applicant everyone associated with the string. The unfortunate reality of the new TLD process is that money speaks more loudly than anything else. more

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

Registrars That Complied With “Shakedown” Requests May Now Be in Violation of ICANN Transfers Policy

At the time we posted 'Whatever Happened To Due Process,' we were unaware that we were just one of many registrars receiving these notices from the London (UK) Police. We have since been made aware that this was part of a larger initiative against the BitTorrent space as a whole, and that most if not all of the other registrars in receipt of the same email as us folded rather quickly and acquiesced to the shakedown orders. more

Is There Really a Mobile Malware Pandemic?

Much of the discussion regarding mobile security revolves around the growing "pandemic" of mobile malware. It's not uncommon to see headlines reporting the discovery of large numbers of new malware samples. However, as Google recently pointed out, with quite a bit of data to support them, there's little discussion of real world impact of these discoveries. This raises a number of relevant questions. Is the average user likely to be infected? Where does this malware come from? These are questions that deserve analysis and thoughtful responses. more

Canadian Government Quietly Pursuing New ISP Code of Conduct

If approved, the code would technically be voluntary for Canadian ISPs, but the active involvement of government officials suggests that most large providers would feel pressured to participate. The move toward an ISP code of conduct would likely form part of a two-pronged strategy to combat malicious software that can lead to cybercrime, identity theft, and other harms. First, the long-delayed anti-spam legislation features new disclosure requirements for the installation of software along with tough penalties for non-compliance. more

How the NSA is Threatening the Future of Google, Facebook, Amazon and Others

When I read government arguments in defense of the NSA, an oft-repeated line was: We're not targeting Americans. We're targeting foreigners. Foreigners. I really dislike that word. And I'm sure companies like Apple, Google and Facebook do as well. Why? more