Featured Blogs

Searching for the Meaning of “Registers” in the Anticybersquatting Consumer Protection Act (ACPA)

Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the keywords in the Anticybersquatting Consumer Protection Act (ACPA), is still in the process of definition. Its statutory context provides that a domain name registrant is liable to the owner of a mark if “it has a bad faith intent to profit from that mark … and (ii) registers, traffics in, or uses a domain name [corresponding to a mark] that … is distinctive at the time of registration of the domain name [and] is identical or confusingly similar to that mark. more

From Toad to Princess - New TLDs Are No Magical Wand in the Kingdom of Search Engines

Google has posted details on Ranking of new gTLDs (new gTLDs) in search. John Mueller, Webmaster Trends Analyst, said that new gTLD's will be treated the same as other gTLD's such as .com. He stated: "Overall, our systems treat new gTLDs like other gTLDs (like .com & .org). Keywords in a TLD do not give any advantage or disadvantage in search." The ambiguous use of the word "overall" in the statement, may leave some doubt as to whether the 600 .brands -- new domain extensions operated by brand owners -- are included or excluded in any VIP search ranking treatment. more

China on Its Way to Becoming a Formidable Satellite Internet Service Competitor

In a study of the Internet in China in the late 1990s, my colleagues and I observed that "China has been able to execute plans effectively by allocating resources to competing, government-owned enterprises," and Kai-Fu Lee shows that they have pursued a similar strategy with respect to AI. Now they are doing the same with low-Earth orbit (LEO) broadband satellite constellations. more

Why I’m Standing for the ICANN Board and Why I’ve made My Statement Public

The number of applications this year for the seven positions within ICANN has been so low that the NomCom has gone to the trouble of printing up pamphlets, holding a public meeting at Marrakech and extending the deadline by a fortnight. At the two public Board sessions in Marrakech the grand hall that was provided was virtually empty, sparking some debate as to why. Susan Crawford ventured that it was because ICANN was failing to connect with people; Vint Cerf suggested that ICANN was so successful at doing its job that people didn't feel the need to attend. Mouhamet Diop pointed out that we were in a French-speaking Arabic country and no one was going to sit through four hours of discussion if they didn't understand a word of it... more

Notes from NANOG 83

The network operations community is cautiously heading back into a mode of in-person meetings, and the NANOG meeting at the start of November was a hybrid affair with a mix of in-person and virtual participation, both by the presenters and the attendees. I was one of the virtual mob, and these are my notes from the presentations I found to be of personal interest. I hope you might also find them to be of interest as well... The year 2021 has not been a good year for Internet outages. more

Clarke and Knake’s “Cyberwar”

I just finished reading Richard Clarke and Robert Knake's book Cyberwar. Though the book has flaws, some of them serious, the authors make some important points. They deserve to be taken seriously. I should note that I disagree with some of my friends about whether or not "cyberwar" is a real concept. Earlier, I speculated that perhaps it might be a useful way to conduct disinformation operations, but it need not be so limited. more

The New Clearwire

The new Clearwire could be game-changing, but the rules of the game may not be quite as Clearwire presents them. I have been wondering since last July whether something significant would happen in the Google/Sprint world. The deal announcement earlier this weekseems to be that key development... In a nutshell, Sprint will contribute its substantial spectrum licenses in the 2.5 GHz range and its WiMAX-related assets and intellectual property. Google, Intel, Comcast, Time Warner Cable, and Bright House Networks will invest a total of $3.2 billion. more

A Patent for SiteFinder-Like Resolution

I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more

Network Neutrality in the Wireless Space

There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more

Interview With Michael Froomkin: Watching ICANN Through IETF: Part I

Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch has recently written an article for the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace". One of the areas covered in this article is a comparison made between the ICANN model and that of the Internet Engineering Task Force (IETF).

Michael Froomkin has underlined several lessons that can be learned from this contrast, including a suggestion "that claiming kinship with the IETF model is a way of claiming legitimacy, but that not every one who makes this claim is entitled to do so".

What follows is a two-part interview with Michael Froomkin and a closer look at his recent article in the Harvard Law Review. more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more

Time for Reformation of the Internet

An anonymous writer posted an article titled Time for Reformation of the Internet on Susan Crawford's blog. The article calls for a liberal approach towards ICANN, making a number of references to IETF and its process. "It's time for netizens to come to a similar realization about their direct relationship with the empowerment offered by the internet. None of the core principles that produced the net give any set of clerics -- even the original engineers, or ISOC, much less ICANN -- the right to prevent innovation at the edge..." more

FCC and Comcast: Reasonably Vague

So, the FCC will recommend that Comcast be "punished" or receive "sanctions" for its peer-to-peer throttling practice. And the network neutrality debate goes on, as does its ambiguities and vagueness. Even if you hate Comcast and agree with the net neutrality argument and the FCC's decision, one thing Comcast is correct in saying is that "reasonable network management" specified by the FCC in network neutrality policy set in 2005 is vague. Actually, the term "network management" by itself is broad before you even try to interpret what is meant by "reasonable", and it is not exactly correct in its application here... more

First New TLD Quietly Enters Sunrise Period

The first Sunrise Period for trademark owners under ICANN's new gTLD program has begun. The gTLD is the Arabic IDN '????, or "dot-Shabaka". The term roughly means "web" in Arabic and eligibility for registrations is unrestricted. The Dot-Shabaka Registry has made it clear for months that they wanted to be the first TLD to launch this year. more

Namecoin Decentralized DNS Research

The holidays open up a block of time to catch up on "I meant to read that" bookmarks, RSS feeds, and all the favorited and forgotten tweets. I made it through 50 before a NormanShark blog post kicked off a research project. The analysts found a malware sample which was using .bit domains in their communications infrastructure, but .bit ... what is that? .bit is a TLD operating outside of ICANN. Some would say they are TLD squatting, but I leave that opinion up to the reader. more