Featured Blogs

The Supreme Court Decides that Compatible Software is Still Legal

Back in the 1980s, everyone used the Lotus 1-2-3 spreadsheet on their PCs. In 1989, Borland released a competitor, Quattro Pro. It used the same menu commands as 1-2-3 so that users could import their 1-2-3 spreadsheets with keyboard macros. Lotus sued Borland, and after a loss in the district court, Borland won on appeal, arguing that the keyboard commands are a "method of operation" and not subject to copyright. Lotus appealed to the Supreme Court... more

gTLDs Under the Microscope in Q1 2021: .kpmg Back in Focus and a Look at Past Launches

With the end of March upon us already, we take a fresh look at .kpmg and its ongoing .brand usage strategy in our first quarterly report of the year. A review of Alexa.com rankings for .brands and other new gTLDs is included as well as an examination of the factors that have affected registration rates for new gTLD launches from 2019 and 2020. Our MarkMonitor team of experts also analyzes the ICANN Final Report on the new gTLD Subsequent Procedures Policy Development Process... more

An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more

The White House Broadband Plan

Reading the White House $100 billion broadband plan was a bit eerie because it felt like I could have written it. The plan espouses the same policies that I've been recommending. This plan is 180 degrees different than the Congress plan that would fund broadband using a giant federal, and a series of state reverse auctions. The plan starts by citing the 1936 Rural Electrification Act, which brought electricity to nearly every home and farm in America. more

Time to Start Calling Facebook “The Dark Empire” and Regulate It Accordingly

It appears people, governments, regulators and legislators worldwide may have forgotten Facebook's complicit involvement with Cambridge Analytica (CA). It is possible that new priorities such as the Covid-19 pandemic in 2020 may have pre-occupied them, and rightly so. But an unprecedented data breach in 2019 unfolded this weekend, bringing a recurring nightmare of the past back into today's reality. more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

Is ICANN Staff Misleading the Board Into Violating Contractual Obligations to the U.S. Government?

Recently, I had time to reflect on various matters after the alternator in my vehicle decided that the middle of a mountain pass was the appropriate time and place to go to that great big pick-and-pull scrapyard in the sky while leaving me stranded with no cell signal on the side of the road in the middle of nowhere. Until that point, I had been seriously considering applying to ICANN's Nominating Committee for one of the three open seats on ICANN's Board of Directors. more

The $100 Billion National Broadband Plan for America

The new Administration in the USA laid out a $100 billion proposal for broadband investment as part of its $2 trillion infrastructure plan. Under the proposal, the plan is to provide national broadband coverage. The Administration will use better competition measures, such as price transparency, the use of public utility infrastructure, and subsidies for low-income households to achieve its goals. more

$400B China-Iran Deal Includes a $Billion 4G-5G Network, Most Likely Huawei

China has agreed to buy $16 billion/year of Iranian oil in what amounts to a barter arrangement for Chinese goods. Telecommunications is specifically included, with a $billion or more for an upgraded mobile system. Huawei & ZTE will probably split the contract. Iran's population is 84 million, about the same as Germany or Turkey. That's as much as Ireland, Norway, Finland, Denmark, Switzerland, Austria, Sweden, Belgium, and the Netherlands combined. Nothing's announced, but it will be a big deal. more

Record $89B in China Means 2020 +4% Sales, $10B Profit

The US war on Huawei brought down sales internationally, but China's 700,000 5G cells and explosive cloud growth meant Huawei had an up year. The chip blockade did hurt in Q4 and will continue to hold down sales in 2021. Huawei has sufficient reserves to outlast the United States until China catches up in chip production. Perhaps the most important figure in the financial report was the $55 billion cash. Another $10 billion will come in from the sale of Honor/Glory. more

Are the LEOs Going to Disrupt the Telco Market?

We are getting closer to using alternative broadband solutions offered by international companies. Local telecommunication entities will, in this respect, be relegated to resellers. The reality of accessing low Earth-orbiting satellite (LEO) services is now clearly on the horizon. Most of the telcos and governments are not prepared for the potential shock this might cause to the structure of local telecommunications markets. more

Digital Culture Wars: Donald Trump’s “Make America Great Again” and China’s Social Credit System

We are on the cusp of a grave risk where unscrupulous groups with various agendas are using digital technologies to wage cultural war to stamp out dissent and gain control and power. The two most prominent recent examples are Donald Trump's "Make America Great Again" (MAGA) and China's Social Credit System (SCS). The following piece was prompted by work on the UDHR and Internet Governance series, for CircleID to deal with UDHR Article 27 and the role of culture, arts, and science in the life of the community.  more

The Insecurity of Ambiguous Standards

Why are networks so insecure? One reason is we don't take network security seriously. We just don't think of the network as a serious target of attack. Or we think of security as a problem "over there," something that exists in the application realm, that needs to be solved by application developers. Or we think the consequences of a network security breach as "well, they can DDoS us, and then we can figure out how to move load around, so if we build with resilience (enough redundancy)... more

The Path to Combatting Domain Abuse

Completely eradicating malware, botnets, phishing, pharming, and spam from the Domain Name System is not possible. That may be an odd statement from someone who just took the leadership position at the DNS Abuse Institute, but it's meant to underscore the scope of the work ahead of us. There will always be bad actors exploiting the DNS for their own criminal purposes, but working together, we can mitigate their impact. more

Cord Cutting in the US Continues in 4Q 2020

The largest traditional cable providers collectively lost over 1.3 million customers in the fourth quarter of 2020 -- an overall loss of 1.7% of customers. To put the quarter's loss into perspective, the big cable providers lost 14,158 cable customers per day throughout the quarter. The numbers below come from Leichtman Research Group, which compiles these numbers from reports made to investors, except for Cox, which is estimated. more