Featured Blogs

An End to Spam Litigation Factories? (Gordon v. Virtumundo)

When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn't trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize any new statutory right for a litigation frenzy... Although I personally think Congress would better served all of us by omitting all private enforcement rights in CAN-SPAM, unquestionably the private rights in CAN-SPAM are drafted narrowly to prevent their abuses. That hasn't stopped some zealous anti-spammers from testing the limits of CAN-SPAM's private enforcement remedies anyway. more

Cutting Through the Twitter DDoS Hype

There are a lot of theories flying around about why Twitter and other social media services got knocked offline yesterday. I've heard rumors about it being linked to political tension between Georgia and Russia. Others blame Iran for the outages. I'm not a political commentator, therefore I cannot comment on anyone's political views -- but I have some logic and common sense, and I can draw some objective conclusions. more

Keeping IT Industry Developments in Context

The announcement that Google's chief executive Eric Schmidt is standing down from the Apple board hardly came as a surprise. Google's Android is already powering smartphones that offer an open alternative to Apple's iPhone, while the recent announcement of plans for Chrome OS, an operating system that will directly challenge Mac OS, makes Google a direct competitor to Apple in its core market... more

How Copyright Violators Are Removed from Search Engine Listings Based on DMCA

It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more

When It Comes to gTLDs, Follow the Money (Part 2)

In my previous article I showed that ICANN expects to recover a lot of money from the first round of applications for new generic Top-Level Domains (gTLDs) -- $92.5 million, to be exact -- and that even that dramatic figure is probably substantially underestimated. For that reason, I argued that ICANN probably will recoup a windfall from the first round of gTLD applications and pointed out that ICANN's promise to consult with the Internet community before spending such a windfall is unsatisfactory because it has failed to say beforehand what surplus revenues might be spent for. more

Trans-Sector Thinking Spreading to the Highest Levels in Government

Australia, New Zealand and the USA have taken international leadership in relation to their approaches to the infrastructure investment their countries are committed to in relation to the multi-billion dollar investment in national broadband and smart grid infrastructure. This is based on open networks, which will allow multiple access to infrastructure that can be used for e-health, smart grids, tele-education, as well as, of course, to telecoms, Internet and entertainment services. more

Private Cyber Investigators

This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more

Some Unsolicited Advice for AT&T re Google Voice

The FCC has posed a number of provocative questions to AT&T regarding the fact that iPhone subscribers cannot download and use the Google Voice application. AT&T should stifle every motivation to play cute or clever with the FCC. Apple adopted such a strategy when it suggested to the Library of Congress and others that it would be curtains for the free world if iPhone owners could hack, jailbreak, tether, and otherwise use their handsets without fear of violating the prohibition on circumventing copyright laws contained in the Digital Millennium Copyright Act. more

WIPO: Disregard TLD in Trademark Dispute

There is a Dutch website which regularly publishes comments on rulings of the World Intellectual Property Organization (WIPO) Arbitration, Dutch court cases, and similar things. They have a newsletter which reports over the latest cases. It is really meant for people who are into the legal aspects of domain names. In the July "nieuwsbrief" newsletter, there was a remark (in Dutch) about a case that the top level ".nl" suffix to the name should not be considered relevant. more

Accepting New Top-Level Domains As Suffix-Less Cyber Brands

First off all, still unknown to the masses, this newly proposed $185,000 USD generic Top-Level Domain (gTLD) scheme is in reality a suffix-less, custom-made, designer, globally exclusive domain name. Well done ICANN, as it is what the world needs now. However, ICANN has never mentioned this special marketing feature to date, as this suffix-less quality alone brings a major and a very positive revolution in cyber branding architecture for the net savvy marketers and dramatically changes the global thinking which has been primarily locked into a suffix based mentality when trying to reach for anything on the net; what name and what suffix? more

Seeing the Opportunity for IP Communications Within the Smart Grid Space

Having followed IP communications as an analyst since 2001, I've seen a few cycles come and go, and Smart Grid reminds me a lot of VoIP. Telcos and utilities both operate large, complex and costly networks, and prior to 1984, both were heavily regulated. Following the deregulation of telecom came a wave of unprecedented innovation and disruption built largely around IP technologies. We all know what that's done for telcos -- and communications in general. more

When It Comes to gTLDs, Follow the Money (Part 1)

Introducing new generic Top-Level Domains represents, as ICANN says, "the biggest change in the Internet since its inception 40 years ago." Among the least understood aspects of this change is its potential to alter the economic power of ICANN as an institution. To see how that might happen, let's follow the money as it is expected to flow from the gTLD application process. ICANN expects to get a lot of money from gTLD applications: $92,500,000, to be exact. more

More Than Half Top-Level Domains Not Really on Top of IPv6

At the recent ISOC Asia conference in Kuala Lumpur a rather innocuous coffee break question was raised: could any one around the table name some of the major Top-Level Domains (TLDs) still delinquent in their IPv6 support? Nobody could answer on the spot but the question intrigued me. A logical place to start looking for an answer was ICANN. more

Domain Name Registry-Registrar Vertical Separation: The Economic, Anti-Trust Red Herring

ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more

National Broadband Infrastructure: Global Regulatory Re-Think Required

Around the world governments, regulators and the industry are struggling with the old regulatory legacy systems. These have become a major stumbling block in the transition to a new environment. Increasingly countries are beginning to understand the social and economic benefits a national broadband infrastructure can offer, but it is impossible to bring that about while the systems are based on the present regulatory regimes. To take these broader benefits into account we will need to develop government policies to facilitate the digital economy... more