This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
By publishing a draft Registrar Accreditation Agreement (RAA) for public comment before it has been agreed on by both parties, has ICANN dealt the bottom-up multi-stakeholder model a blow? ICANN Staff and the registrars have been negotiating a new version of the RAA for the past 18 months following requests by Law Enforcement Agencies (LEA) such as Interpol for greater consumer protection. With both ICANN and registrars working hard, by early this year agreement had been reached on 11.5 of the 12 LEA "asks". A deal looked close. more
The debate surrounding "closed generics", which has been covered several times in the past, has attracted a lot of attention in recent weeks. At the centre of the debate were a number of new TLD applications from large companies including Google, Amazon and others. Google had stated that they planned to establish a number of domain extensions and operate them as "walled gardens". At the ICANN public meeting in Toronto Google attempted to defend their plans and their position until today was unchanged. more
With the growing tension between the cross-border Internet and the patchwork of national jurisdictions, it becomes crucial to keep track of key global trends that drive the debate on appropriate frameworks. One year ago, the Internet & Jurisdiction Project initiated a global multi-stakeholder dialogue process on these issues. To provide a factual basis for such discussions, it established an Observatory, supported by a network of selected international experts, to detect and categorize relevant cases via an innovative crowd-based filtering process in order to identify high-level patterns. more
It seems outlandish. However, as incredible as it may seem - especially in these times of sequestration and dire Federal budget cuts - the U.S. has potentially fallen prey to a ploy hatched by Russia and allies artfully carried out at a 2010 ITU treaty conference to relinquish the nation's sovereign right to choose its own ITU membership contributions. Here is how it happened and what can be done about it. more
(The following is an edited version of comments I submitted to ICANN regarding "closed" generic TLDs.) On February 5th, ICANN solicited comments on whether ICANN should determine the circumstances under which a generic TLD operator is permitted to adopt "open" or "closed" registration policies. Allowing gTLD operators to make these determinations, as opposed to ICANN, will promote innovation on the Internet to the benefit of consumers. more
Ten years ago, global representatives assembled in Geneva in 2003, and again in Tunis, 2005, as part of the two founding phases of the World Summit on the Information Society (WSIS). At the heart of proceedings, attended by representatives from across the spectrum of business, government, civil society, and the Internet technical community, was an acknowledgement that an inclusive approach was needed in all discussions pertaining to Internet governance and policy-making, to overcome the primary challenges in building this 'Information Society.' more
Building on my last article about Network Assessments, let's take a closer look at vulnerability assessments. (Because entire books have been written on conducting vulnerability assessments, this article is only a high level overview.) What is a vulnerability assessment? more
Community gTLDs play an interesting and even unique role in the ICANN new gTLD process. They reflect the community-driven nature of the Internet. Indeed the story of how Community gTLDs came about is a fascinating example of the how bottom-up process can give rise to innovative policy outcomes. It has been over six years since the community gTLD concept was first discussed. In the mists of time, it's easy to forget the deep foundations upon which this concept is based. more
The new gTLD program continues to throw up last-minute debates on what is acceptable as a TLDs and what is not. The latest such verbal joust centers around closed generics. These are generic terms being applied for by applicants whom, should they be successful, will not open the TLD up to everyone on an equal access basis. As an example, think .book being run by Amazon and only available to Amazon customers. more
This post was co-authored by Sarah McKune, a senior researcher at the Citizen Lab. Public attention to the secretive world of cyber espionage has risen to a new level in the wake of the APT1: Exposing One of China's Cyber Espionage Units report by security company Mandiant. By specifically naming China as the culprit and linking cyber espionage efforts to the People's Liberation Army, Mandiant has taken steps that few policymakers have been willing to take publicly, given the significant diplomatic implications. more
As noted in the first part of this series, Security and Reliability encompasses holistic network assessments, vulnerability assessments, and penetration testing. In this post I'd like to go deeper into network assessments. I stated last time that the phrase "network assessment" is broad. more
ICANN is currently seeking public comment on the subject of "closed generic" Top Level Domain (TLD) applications. A "Closed Generic" is a TLD that is a generic term, but domains within that TLD will not be sold to the public. There are those who object to generic terms such as .book being operated as closed registries, which means that domain names within the .book Top Level Domain as proposed by Amazon would not be sold to the public, but instead, Amazon.com would own and operate all domain names within the .Book Top Level Domain. more
There is a very interesting video posted on YouTube.com from Matt Cutts of Google who answered the question about how ccTLD's are viewed by Google especially when they are being used as domain hacks. Here is the question: "We have a vanity domain (http://ran.ge) that unfortunately isn't one of the generic TLDs, which means we can't set our geographic target in Webmaster Tools. Is there any way to still target our proper location?" more
A colleague sent me a story by Cecilia Kang in the Washington Post: Survey finds gap in Internet access between rich, poor students. With my interest in programs to get connected computers into low income households, my friend knew I would be interested in the article which talks about a survey released Thursday by the Pew Research Center. Indeed, I would commend the Washington Post article and the survey itself to you for reading. I want to highlight the problem representing the survey results in the Washington Post. more
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