Featured Blogs

New Book on Domain Name Regulation

My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more

Banning 5G Equipment is a Foolish Strategy

It has become popular today around Washington and the venues of its coerced allies to issue threats to ban telecommunications equipment from certain countries - especially equipment intended for 5G use. The guise is vague assertions of "national security." It is an old tactic dating back to the turn of the last century and recurrent for decades. A combination of treaty instruments and collaborative industry standards activity several decades ago largely put an end to the banning tactic - significantly benefitting the entire world. more

The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more

How Failure To Maintain IPv6 Is Hindering Law Enforcement

Recently, the FBI, DEA and even the Canadian Mounted Police have suggested that the switch to IPv6 is making it more difficult to track criminals online, those who would traffic in things such as drugs or child pornography, in addition to hackers, botnets, kidnappers and terrorists. Under IPv4, it wasn't very difficult to find offenders online via their IP addresses. The American Registry of Internet Numbers (ARIN) would hand out the address and internet providers would log them into the public WHOIS database. more

Berlin the Latest New TLD Battleground?

If you've been following the new Top-Level Domain (TLD) process within ICANN over the last year or so you will have probably been aware of how slow and tortuous development has been. To recap, ICANN, which oversees domain names globally, announced that it was "opening up" the internet so that "anyone" could get the domain extension they wanted. Of course it's not really "everyone" and the process to date has been far from smooth. more

Afilias to Protect TLDs Against Potential “Orphan Glue” Exploits

Afilias has informed registrars and registry clients that it is taking steps to remove orphan glue records from 200+ TLD zones in its care. This will eliminate the potential for a handful of domain names to be misused. "Glue records" enable websites and other uses of domain names to work on the internet. They are related to DNS domain name delegations and are necessary to guide iterative resolvers to delegated nameservers. more

Universal White Spaces: Moving Beyond the TV Bands

The FCC's recent decision allowing license-exempt access to TV White Spaces, i.e. unused TV channels, is a small but very important step in spectrum policy. But, more important than the TV bands, is the policy approach and the fact that it was adopted in the face of extreme lobbying by well established vested interests. more

An Outlook On The Domain Name Secondary Market

The secondary domain market has gone from one extreme to another. First, huge sums were paid for some domains, raising the expectations of domain sellers. Now, however, in many cases the corporate sector expects to pick up a domain for next to nothing in comparison with the domain's immediate sales and long-term investment potential. In my opinion, both situations are unrealistic. more

Mishandling the Registrar Contract Negotiations

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

My Comment on Forbes - Why Is the UN Trying to Take over the Internet

Forbes just published this article that's being shared all over my facebook friends feed. I left a comment on the article that I've copied and pasted here, as it is just about long enough to qualify as a CircleID post by itself... The problem is that peering isn't always settlement free -- and even if it is, if and only if there's an equitable amount of traffic exchanged between two ISPs. And then there's transit, where you pay another network to carry your packets for you. more

Rediscovering the Internet

I wrote a guest column for ZDNet last month on the importance of IPV6. I fear that the Internet has been devolving into a recreation of the old smart networks with a lot of perverse complexity in the infrastructure. The latest calls for protection from all that bad stuff only adds to my concern since the problems attributed to the "Internet" will encourage people to seek more meddling. Unfettered connectivity has been a necessary precondition for allowing innovation to thrive on the Internet. It worked because the same openness allowed those at the edges to protect themselves against the errors whether malicious or just problematic. In fact, the so-called Internet revolution was triggered by the key concept of the browser -- treating other systems with suspicion but leaving it to the end points to decide how much to trust each other. more

The Single-Letter Domain Trademark Game

Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more

Affordable Starlink Prices Coming to Low and Middle-Income Countries

SpaceX first departed from its uniform Starlink pricing policy when it offered a reduced price for throttled service in France two years ago. Since then, many new, higher-capacity satellites have been launched, enabling SpaceX to reduce prices in low and middle-income countries like Kenya. Kenya had 405 geostationary satellite internet subscribers when Starlink became available in July 2023. more

Another Good Decision on Internet “Gripe Sites”

I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more

UN Secretary General’s Roadmap on Digital Cooperation: Creative Navigating in Stormy Cyberwaters

When UN Secretary-General Antonio Guterres announced in January 2020 that he was preparing a global "roadmap for digital cooperation," he had no idea that six months later, the world had made a quantum leap into the digital age. Home office, distance learning, online shopping, and video conferencing have been around for a long time, but the standstill of the real world during the pandemic has led to an unexpected expansion of the virtual world. more