Featured Blogs

ICANN’s September Surprise

"Surprise, surprise, surprise!" is how Gomer Pyle would react to the news that the US government has allowed the JPA to expire, thus completing the transition of DNS management to ICANN. Plenty of skeptics doubted the US would let it happen, but today really is ICANN's independence day. more

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

The Grapes of Wrath? An Insight Into .WINE, the Most Hotly Debated TLD in Government Circles

Everybody agrees, all .WINE applicants want to find where the buck is going to stop, as far as the strange stalemate we have been in for so many months. Situation? "What situation?" I hear you asking. In July 2012, when applications and the name of their applicants were released to the public, it appeared that 3 applicants had the same idea, when they applied for a .WINE Top-Level Domain. more

Remembering the Cybersecurity Treaty That Never Happened

The cybercrime legal community from around the globe is meeting under the aegis of the Council of Europe (COE) to hold the annual Cooperation against Cybercrime conference dubbed Octopus 2021. It is also celebrating the 20th anniversary of the Cybercrime Convention treaty signed in November 2001 in Budapest. Not celebrated and little known, however, is the Stanford Draft -- A Proposal for an International Convention on Cyber Crime and Terrorism -- and the initiative begun in 1997 which brought about that draft treaty instrument. more

Saying No to the ITRs

The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more

New gTLD Applicants Must Reduce Cognitive Biases

To improve the viability of your application for the recently approved launch of new generic top-level domains (gTLDs), you must reduce decision biases in estimating a new gTLD's expected revenues. To do so, you must either delegate the responsibility to an independent multi-disciplinary team within your company, or seek input from a consultant. more

How to Prepare for the DNSSEC Root KSK Rollover on October 11, 2018

Are you ready? Are your systems prepared so that DNS will keep functioning for your networks? One week from today, on Thursday, October 11, 2018, at 16:00 UTC ICANN will change the cryptographic key that is at the center of the DNS security system - what we call DNSSEC. The current key has been in place since July 15, 2010. This is a long-planned replacement. more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. more

Unintended Consequences of Submarine Cable Deployment on Internet Routing

The network layer of the Internet routes packets regardless of the underlying communication media (Wifi, cellular telephony, satellites, or optical fiber). The underlying physical infrastructure of the Internet includes a mesh of submarine cables, generally shared by network operators who purchase capacity from the cable owners. As of late 2020, over 400 submarine cables interconnect continents worldwide and constitute the oceanic backbone of the Internet. more

No Easy Solutions to TLD Branding and Labeling

The introduction of unlimited numbers of new generic Top-Level Domains (gTLDs) has increased customer and company confusion about the role of brand names and their product labels, as noted in an earlier post. This essay outlines the various possible scenarios for coupling TLD branding and labeling, and it explains why duplicating the benefits of branding under.com may be difficult. more

The FCC Stumbles Into Internet Filtering

What could be bad about free wireless Internet access? How about censorship by federally mandated filters that make it no longer "Internet." That's the effect of the FCC's proposed service rules for Advanced Wireless Service spectrum in the 2155-2180 MHz band, as set out in a July 20 Notice of Proposed Rulemaking. Acting on a request of M2Z Networks, which wants to provide "free, family-friendly wireless broadband," the FCC proposes to require licensees of this spectrum band to offer free two-way wireless broadband Internet service to the public, with least 25% of their network capacity. So far so good, but on the next page, the agency guts the meaning of "broadband Internet" with a content filtering requirement. more

Cyber Diplomacy History at Foggy Bottom: The Latest Chapter

Foggy Bottom is the local affectionate name for the U.S. State Department -- because of its location near a former low-lying Potomac River lagoon in Washington DC. It recently announced the appointment of Nate Fick as the head of its "Bureau of Cyberspace and Digital Policy," pending Congressional approval because it is wrapped up with ambassadorial status. The term "cyber" in this international diplomacy context has come to include all manner of electronic communication and information systems and services, i.e., ICT. more

Our New Infrastructure

Today, there is demand for more broadband as people realize the importance of being connected to the Internet, whether to access websites, stream entertainment, attend school, attend family events, work remotely, and so much more. This demand has been driven by the success of today's Internet. It is now time to recognize the Internet as infrastructure. The Internet's best-effort approach has allowed us to share the abundant capacity latent in the existing facilities by converting all traffic into packets. more

New gTLD Auctions and Potential Unintended Consequences

Auctions will play a critical role in ICANN's new generic Top-Level Domain (gTLD) process, the only question is whether they reinforce ICANN's position as a steward of a global public resource, or undermine it. Auctions are one of two widely used mechanisms used in the allocation of scarce global resources, the other being a comparative analysis (aka beauty contest). ... This paper seeks to highlight those potential unintended consequences and propose a more equitable model consistent with ICANN's role as a steward of public global resource. more