Featured Blogs

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

First RIPE NCC “Seizure of IPv4 Addresses” – Is This the Beginning of IPv4 as Collateral?

In a publication released on October 2, 2020, RIPE NCC reported its first seizure of IPv4 registration rights pursuant to a Dutch court order. Pursuant to the order, RIPE NCC effectuated a transfer of the IP Addresses from the liquidating debtor to its creditor. Although these IP Addresses could not be owned, they were apparently not legacy. Thus, they conferred no "property rights" - the registration rights were deemed an enforceable right that has value and were to be utilized towards satisfaction of a judgment. more

SpaceX Starlink Is Coming to Low-Income Nations

Beta testers in the US and Canada paid $500 for a terminal and are paying $99 per month for the service. The beta tests began in high-income countries, but SpaceX is beginning to roll Starlink out and will include low-income nations, for example, India. Last September, SpaceX responded to a request for consultation on a roadmap to promote broadband connectivity and enhanced broadband speed from TRAI, the Telecommunications Regulatory Authority of India. more

Numerous Lessons We Can Learn From the Facebook Outage and Its Mistakes

It was only a few weeks back, in July of this year, where I remarked that an Akamai report of an outage was unusual for this industry. It was unusual in that it was informative in detailing their understanding of the root cause of the problem, describing the response that they performed to rectify the immediate problem, the measures being undertaken to prevent a recurrence of this issue, and the longer-term measures to improve the monitoring and alerting processes used within their platform. more

Can Constellations of Internet Routing Satellites Compete With Long-Distance Terrestrial Cables?

Three companies, SpaceX, OneWeb, and Boeing are working on constellations of low-Earth orbiting satellites to provide Internet connectivity. While all three may be thinking of competing with long, terrestrial cables, SpaceX CEO Elon Musk said "the goal will be to have the majority of long-distance traffic go over this (satellite) network" at the opening of SpaceX's Seattle office in 2015. Can he pull that off? more

New gTLDs: Comments on the Unsigned “The Economic Case for Auctions”

When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more

4 Key Dates on the gTLD Timeline

The new "dot-anything" domain extensions or "gTLDs" have been a major point of debate in the domain community for years now -- ever since they were just a glimmer in ICANN's eye -- and it's all come down to a few very important dates over the next six to nine months. more

Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more

The Status Quo of the Domain Industry in 2022

While the global economy faced the challenges caused by the pandemic and society embraced new trends, the domain industry continued to expand thanks to the ongoing push toward digitalization. There is no sign of slowing down. The domain industry continued to move forward, embracing the internet's expansion: new trends, new technologies, niche markets and developments. more

ICANN (TBD): Why is ICANN Always to Blame and What to Do About It

With great anticipation I waited for the most recent Applicant Guidebook version 4 aka DAG4. I was looking forward to seeing gTLD program timeline. Was it possible that ICANN would give us another timeline and be firm with it? And then I saw it. Those 3 letters next to the new October 2010 launch date: tbd. So the date is October 2010 but it is "To Be Determined"? On one hand we have a set date but on the other hand it is yet to be determined. more

Court Says gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes, Declines LRO Review of .delmonte

A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more

Interview With Michael Froomkin: Watching ICANN Through IETF ? Part II

In the first part of our interview with Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch, several issues were discussed regarding his recent article in the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace".

Michael Froomkin, who has underlined several striking lessons to be learned from IETF/ICANN contrast, continues with us in the second part of this interview, addressing even deeper matters such as ICANN's institutional design. more

RealTimeML:  Email Send Time Optimization for Supply Chain Bottlenecks

Look for this trio of email-related organizations MessageGears, Validity, Vidi-Emi, to become trailblazers in the RealTimeML Email landscape. This article will examine the nascent concept of utilizing RealTimeML to optimize for open rates and ultimately engagement rates by using a SendTime Email Optimization model. The model will infer RealTimeML predictions for optimal engagement rates, which provides enormous value throughout your current supply chain. Additionally, we will share ongoing time trials to serve the model efficiently. more

ICANN’s “Unelected” Crisis

The leaked release of the European Commission's working papers on the future of Top Level Domains highlights the impending collision between adherents of the present "multistakeholder" ICANN governance model, and an ever longer list of national governments who challenge that model. At the core of the controversy is the question of how ICANN can claim legitimacy in the DNS world when none of its Directors or Officers are elected. Even worse, its only answer, when challenged legally, is that it is responsive to its contract with an agency of the U.S. Government... more

Launch of .PARIS

Yesterday, hundreds of sweaty ICANN attendees put on their best clothes and braved the crush of the rush hour metro on a very hot day to crush together for the ICANN gala at the overwrought Hotel de Ville (city hall) in Paris. Most of them missed an interesting announcement. I arrived an hour late, but even so food and drink were not yet served (not even water), and everyone was in desperate need of provisioning. The dull roar of heat-induced complaining drowned out the dignitaries making speeches at the far end of the hall. more