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Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more
Ten years ago was the dawn of Voice over IP (VoIP). The pioneering Israeli company VocalTec had just released its VoIP software for PCs (it was named iPhone, BTW). Industry guru Jeff Pulver (whom I now partner with in FWD) had begun to hold his Voice on the Net (VON) shows. As the founder of VoIP startup ITXC, I was invited to give a keynote at VON in Boston. The evolution of VoIP, I opined with the requisite PowerPoint slides, will be like a three stage rocket. I was right about the first two stages and dead wrong about the third... more
In 2019, I wrote that Amazon would be a formidable satellite-ISP competitor. I still think so, but I didn't expect it would be over four years until they launched the first test satellites. In the meantime, SpaceX has put over 5,000 satellites in orbit and has over two million Starlink customers. Amazon has permission to launch 3,236 satellites. more
A paper by Viktor Mayer-Schoenberger and Malte Ziewitz was recently published at John F. Kennedy School of Government, Harvard University titled, "Jefferson Rebuffed: The United States and the Future of Internet Governance". The following excerpt provides an overview of the paper: "Over the last several years, many have called for an internationalization of Internet governance in general, and Internet naming and numbering in particular. The multi-year WSIS process that culminated in November 2005 was intended to create momentum in such direction. The United States has long resisted such internationalization, fearing in particular the growing influence of China and similar nations..." more
There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more
After interacting with over 1000 network engineers during training sessions about what they think could help drive IPv6 deployment in Africa, I have come to the realisation that a three prong approach is required... Many training courses focus on the first issue, and quite logically, that's where the real work lies. I've developed such a course that has been delivered in over 45 countries, and there are lots of other great training available, both free and paid. more
Businesses may rely on domain names to conduct their day to day work, but that does not mean that they really understand what they are using or how important they are. Of course those of us in industry may feel tempted to either scoff at people's naivety or feel terribly frustrated with their ignorance, however neither action is particularly productive. Loic Damilaville, however, has tried to take a more practical and positive approach by publishing a white paper on domain name management. The document was published a few months ago in French and has since been made available in English. more
The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.
Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey. more
There is an old saying that "bad news comes in threes." Domain name service providers have witnessed two unsettling developments in the past few weeks. The third, still winding its way through the U.S. Congress, could have enormous ramifications. Registries and registrars, in particular, need to speak up or resign themselves to the consequences. more
ICANN held its first international meeting of 2012 last week in San Jose, Costa Rica, and kicked off the week on a high note with an inspired speech by Costa Rican President Laura Chinchilla. While Chinchilla's point was made in reference to recent U.S. legislative initiatives and other proposals to increase Internet regulations at the international level, the tug-of-war over online rights and the governance framework to develop and assure them was a common thread throughout much of the ICANN meeting. more
Making a telephone call in London has become more difficult for early adopters of the new iPhone 4. First of all the reception is rather poor. And it is not just that it is not showing the bars correctly; many users in congested mobile areas such as London receive the message 'server not available'. (As a matter of fact, this doesn't apply only to the iPhone -- it is also experienced with other smart phones.) more
The essay examines the breadth of new generic Top-Level Domain (gTLD) registrations needed for best enhancing a .Brand. And if you don't own .Brand, what should the scope of your new gTLD strategy be? With the introduction of hundreds of new gTLDs, a lot of businesses still don't have reliable information for figuring out which of the newcomers to register under. more
2012 will always be remembered as the Year of Wikileaks. Similarly, 2013 shall also be remembered as the year that Edward Snowden, a computer security specialist and former CIA employee and National Security Agency contractor, leaked classified information regarding the NSA global surveillance programs. Whilst Wikileaks was about US diplomatic cables, the Edward Snowden disclosure of classified NSA information to private media organizations such as the UK Guardian newspaper has had graver implications for global Internet privacy. more
If you're a twit a Twitter user, you've likely used one or another of the URL shorteners out there. Even if you're not, you may have run across a shortened URL. The first one I encountered, several years ago, was tinyurl.com, but there plenty of them, including bit.ly, tr.im, qoiob.com, tinyarrow.ws, tweak, and many others. ... What would best practices for URL shortening services look like? Some suggestions, from others as well as from me. more
On January 14, 2021, the Office of the United States Trade Representative (USTR) released its 2020 Review of Notorious Markets for Counterfeiting and Piracy (the Notorious Markets List, or NML). This publication enumerates online and physical markets that have been reported to engage in trademark, counterfeiting, and copyright infringement at scale. For the first time, the NML documents show how internet platforms play a part in bringing illicit goods into the US. more
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