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The Third Wave of Internet Exceptionalism

From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more

Cybersquatter Hit With Maximum Penalty

Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more

WiMAX vs. LTE

Mobile WiMAX, with the release of 2×2 MIMO chips in 2008, gives WiMAX a lead of two or so years on its major competitor -- the 3GPP's LTE. However, 3G cellphones using 3GPP UMTS technologies, extended to higher speeds with HSPA, is widely used in handsets in many countries. In North America, 3GPP2 CDMA2000 and EV-DO are widely used, but these are likely to be replaced over time by LTE and to some extent WiMAX. more

More Cracks Appearing in Mobile Market

When I wrote the BuddeComm analysis on the introduction of Apple's iPhone I commented that the most significant element of this event was that it would begin to create cracks in the flawed business models of the mobile operators, who are desperately hanging on to their closed networks very much like the fixed operators were fighting tooth and nail against opening up their networks. We have seen that the fixed operators have largely lost this battle and we predict that the future of the mobile networks will be no different... more

Why You Needed to Be at eComm 2009

I've been posting photos and snippets during eComm 2009 this week, but composing my overall impressions has been another matter. Sitting through 3 days mostly filled with continuous 15 minute presentations is a surefire recipe to fry your brain, and most people I talked to were topped out well before things wrapped up Thursday night. It's information overload of the highest -- and best -- order... Here's my top-line takeaway, and reading the rest of this post is really just detail. But it's detail you'll probably love if you really want to know what you missed... more

Mexico City Hosts an Eventful ICANN Meeting

The Mexico City ICANN Conference was more eventful than some of us had anticipated. Among the highlights was Paul Twomey's announcement that he is stepping down as President and CEO of ICANN effective on June 30... Before the Conference, ICANN had released the second draft of its Guidebook for new generic Top-Level Domains (gTLDs). It was not greeted with universal acclaim... more

The Slow Mainstreaming of IPv6

Slowly, we’re making progress mainstreaming IPv6. I wanted to post on a few interesting developments. Late last month, Netflix got an IPv6 allocation from ARIN, and they’re advertising it in BGP... I look forward to the day I can stream movies to my Netflix set-top box over IPv6. more

Searching for Truth in DKIM: Part 1 of 5

DomainKeys Identified Mail (DKIM) is the leading email authentication technology, supported by major ISPs including Google, AOL, and Yahoo! (who invented its predecessor), popular mail server software like Sendmail, and many of the best minds in email technology. But if you peruse the archives of the IETF DKIM mailing list, or start up a conversation at MAAWG, it might appear that there's still a lot of disagreement about what a DKIM signature actually means. more

Cloud Computing Types: Public Cloud, Hybrid Cloud, Private Cloud

It's no secret that I don't very much like this whole private cloud or internal cloud concept... on the basis that while advanced virtualisation technologies are valuable to businesses they are a severe short sell of what cloud computing is ultimately capable of. The electricity grid took over from the on-site generators very quickly and I expect cloud computing to do the same with respect to private servers, racks and datacenters... more

Deeply, Deeply Flawed Economic Report and Analysis of New gTLDs Posted by ICANN

The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more

How to Move Telecoms Forward in the USA

In the last few weeks courts in the USA have carried on business as usual. They continue to provide the two major telcos in the USA, Verizon and AT&T, with extraordinary protection -- basically retaining the outdated regulatory system in the USA that identifies the duopoly between the telcos and the cablecos as the best way forward for the development of telecoms competition in this country. This is rather different from the position taken by the new Obama Administration, which has indicated that it will break with past regulations... more

Memo to John Markoff: There are No “Do Overs” in History

Think for a moment of the enduring legacy of African slavery in America. Think of the way it tainted this country's culture and politics; think of the bloody Civil War, the ghettos... What if we could roll back the clock and ensure that our society was "designed" so that slavery was never permitted and never happened? ... But what if I told you that my computer science lab was working on a "new Internet" that would solve all the terrible security and privacy problems of the existing one? Would you find this claim more credible than a proposed retroactive solution to the problem of slavery? more

European Commission Can Register ‘galileo.eu’, Even if It Deprives Owner of Identical Trademark

When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more

ICANN Con Rocas (or ‘ICANN On the Rocks’)

ICANN Meetings can be an intimidating place for first-timers or even those who have only attended for the few years. The acronyms fly fast and furious. The participants, or at least most of them, have been working on the issues for years (even decades). The technical and policy issues are complex. Luckily, however, an attendee can overcome these barriers to entry with a few drinks at the hotel bar. .. more

IPv6 Floating on the Ethernet

Remarkable how Ethernet has evolved and been widely adopted over this quarter of a century period extending its reach from LAN to MAN to WAN and from 10meg to 10gigE. One has to credit the IEEE for quite an efficient job as a standards body. Over in the IP world, this month of March will see IETF 74 meet in San Francisco and continue to ponder transitions, address translations, double translations, even carrier grade translations... more

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