A commentary in the context of the 1950 Convention and European Union law... The ICANN Law Enforcement Due Diligence Recommendations is a document that was a jointly issued in 2009 by several law enforcement agencies, including the US Department of Justice's Federal Bureau of Investigation' ('the FBI), the United Kingdom's Serious and Organised Crime Agency ('SOCA') and the Royal Canadian Mounted Police. more
In the last few years, ICANN has made huge strides in Protecting Trademarks within new generic Top-Level Domains (gTLDs). Now much more is being asked. Is it right? Is it appropriate? Will these changes make the new gTLDs unusable for the very communities we most hope will want them: developing countries, developing communities, new businesses, growing organizations and all the people born in the future? more
The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more
In the ICANN world, our relations are often a little tumultuous, as policy-making bodies can be. As I look back on my experiences over the last decade at ICANN (and many committees, working groups and task forces), one stands out for its quality, dedication, professionalism and hard work. That's the Special Trademarks Initiatives Working Team, or the STI. I was proud to be a part of the Team as an Non-Commercial Stakeholders Group (NCSG) representative, and this tribute reflects my high regard for the Team and the recommendations it produced. more
The conflicting yet co-existing anxiety and enthusiasm in support of expanded Internet territory -- those new generic Top-Level Domains (gTLDs) we have heard so much about -- may be misplaced. If the economic reports commissioned by ICANN are to be believed (non, nod, wink, wink), top level domains fall flat because they are either too tightly defined (.museum?) or lightly marketed (.aero?). Building a business plan to give a new gTLD the market and marketing reach it will need to succeed is a heavy lift. more
The first-ever .nxt conference recently concluded in San Francisco. The conference featured two days of productive, educational, and passionate discussion about the business of new generic top-level domains (gTLDs). While ICANN's public meetings have recently focused on debating the policies that will go into its gTLD Applicant Guidebook, the .nxt meeting moved the discussion into the future to tackle the issue of what to do when the program has actually launched... more
In the ancient parable, six blind men are asked to describe an elephant, with each coming up with wildly different answers, depending on which part of the animal they touched. Now, while I would hesitate to call participants in the ICANN process "blind men," I am starting to think that "public interest" is their elephant. ICANN is on the threshold of completing its first major obligation under the Affirmation of Commitments it signed with the U.S. Government in 2009. more
The introduction of new top level domains (TLDs) has been the subject of debate and action in the ICANN arena since 1999 (just a year after the organization was founded). Herein are some thoughts about some of the issues associated with increasing the top level domain name space. more
An unprecedented cyberattack on the Canadian government also targeted Defence Research and Development Canada, making it the third key department compromised by hackers, CBC News has learned. ... While there is no definitive proof, of course, that China was behind these attacks, there is a lot of circumstantial evidence that points in that direction. China (allegedly) has a long history of engaging in espionage activities in order to gain access to information. In the United States, this is sometimes referred to as cyber warfare, but I think that cyber espionage is a better choice of terms. more
By now we've all had a chance to digest the concept around the new TLD program and in some cases even come up with our own amazing ideas for the next .com or a niche TLD that will make us millionaires overnight! Well maybe some of us have... Others are taking a far more practical approach to the exciting new changes to the Internet and how it will be adopted and used, in particular within the corporate arena. more
It's easy to look at Amazon SES and sigh. Thousands of low-end customers sending mail from a shared IP pool? Amazon already knows that trick never works! Just one spammer will ruin the reputation of those IP addresses, resulting in ongoing delivery problems for everyone who uses the service. It is possible that Amazon can build the systems and human processes to keep spammers out; certainly sounds like they want to. more
The gathering of coherent data on cybercrime is a problem most countries haven't found a solution for. So far. In 2011 it is a well known fact that spam, cybercrime and botnets are all interrelated. The French database Signal Spam may be a significant part of the solution to gather, analyse and distribute data on spam, phishing, cybercrimes and botnets, but also be a forum in which commercial mass e-mail senders and ISPs can work on trust. more
In the next few months, ICANN will have a concrete opportunity to improve its accountability and transparency by enacting the recommendations of the Accountability and Transparency Review Team (ATRT). Those recommendations may not be perfect, but if the history of the ICANN process is any indication, we can't afford to let the perfect be the enemy of the very good. more
As the Internet grows, those countries and societies with mature systems of content development, innovation and entrepreneurism will continue to be better positioned to meet these needs. At the same time, such countries are also better positioned to take advantage of the efficiency, and capacity of the Internet to amplify and extend their cultural reach and economic capacity. The implication of this amplification and extension of cultural reach and economic capacity from developed markets, is that it can drown out indigenous content and restrict local economic opportunities in developing and under-developed markets. more
According to IDC, smartphones outsold personal computers, laptops included in Q4 2010! Nokia just announced the demise of the Venerable Symbian in favour of Windows 7 phone and Microsoft's bing search engine! Tectonic shifts are under way to adapt to the rise of wireless broadband, an all IP world, and the growing weight of Apple and Google Android. It is also time to head once again for Barcelona with the Mobile World Congress starting on the 14th. Highlights this year? more
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