Featured Blogs

Opposition Mounts in Europe to Three-Strikes Proposals

Multiple reports today indicate that opposition is growing in Europe to plans for three-strikes policies that could lead to the termination of Internet access for some subscribers. In the U.K., protests are mounting over those plans in the recently introduced Digital Economy Bill. The BBC reports that thousands of people have signed a petition urging the government to reconsider its approach, while the Open Rights Group says it has seen a big spike in membership. more

Illusory Correlation and Security

Fear sells. Fear of missing out, fear of being an imposter, fear of crime, fear of injury, fear of sickness ... we can all think of times when people we know (or worse, people in the throes of madness of crowds) have made really bad decisions because they were afraid of something. Bruce Schneier has documented this a number of times. For instance: "it's smart politics to exaggerate terrorist threats" and ... more

Unforeseen Legal Consequences of Implementing Internationalized Top-Level Domains

ICANN is currently analyzing technical and policy implications regarding the introduction of Internationalized Top-Level Domains into the root. This is an important step in the continued evolution of the Internet by enabling language communities of the world that write non-Latin and extended Latin scripts to utilize their languages on the Internet... While the IDNC Working Group (IDNC) has made constructive progress on proposing a framework for the introduction of an initial set of IDN TLDs, the approach taken by the IDNC from a legal perspective is fundamentally flawed. more

Fraudulent Transfer: Recovering Stolen Domain Names

Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more

Verisign iDefense Analysis of XcodeGhost

At Verisign we take our Internet stewardship mission very seriously, so when details emerged over the past week concerning the XcodeGhost infection, researchers at Verisign iDefense wanted to help advance community research efforts related to the XcodeGhost issue, and leveraging our unique capabilities, offer a level of public service to help readers determine their current and historical level of exposure to the infection. more

Value or Love for New gTLDs?

ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. 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

Where Domain Security Meets the Supply Chain Crunch

Over the last two years, we've all faced supply shortages on items we previously never thought could be in short supply. Most recently, the baby formula and semiconductor markets were hit. Before that, supply chain attacks on Colonial Pipeline and JBS Foods showed us that an attack on one company through a singular point of compromise has the potential to disrupt an entire network of connected companies, products, partners, vendors, and customers. more

Revisiting Reverse Domain Name Hijacking

The conduct that reverse domain name hijacking (RDNH) was crafted to punish is "using the [Uniform Domain Name Dispute Resolution Policy] in bad faith to attempt to deprive a registered domain-name holder of a domain name." There are several variations ranging from the plain vanilla, claims that should never have been brought – mark owners whose rights postdate the registration of the challenged domain name as in Vudu, Inc. v. WhoisGuard, Inc. / K Blacklock, D2019-2247... more

Reflections on the .ORG Domain Registry Sale

For all the many reasons raised by thousands of petitioners by prominent members of the U.S. Congress, and the California Attorney General's office, this "sale" plainly should not be occurring. However, in a very real way, it is déjà vu. For me, as one of the handful of people who were members of the original InterNIC public advisory committee which oversaw the spinout of the registry activity from its DARPA government instantiation to a private enterprise business... more

Let American Telcos and Cablecos Merge - But Declare Infrastructure a Utility

While there is much discussion in the United States about the mergers of Comcast and Time Warner Cable, and of AT&T and DirectTV, issues such as this are generally discussed from a very narrow perspective and, we maintain, from the wrong underlying telecoms regime operating in that country - one that has stifled competition in the telecoms for nearly two decades. The same wrong parameters apply to the endless debates on net neutrality an issue that is, by the way, largely of significance to the US market alone. more

A Single Price Index for Domain Names Is Misleading

Having a single price index for the domain name industry would be worse than useless. Such an index is presented in a recent study by Thies Lindenthal. The index is intended to be a benchmark for domain owners and investors. But it's out of line with other studies and the common sense of how a market operates. A much better barometer to follow is average prices for groups of domain names with similar characteristics. more

Old Habits Die Hard!

The new domains are coming! ?Dot-biz is going to be the next coming of dot-com?, I recently read in an article in the Denver Post. The buzz has begun. Seven new top-level domains have been approved by ICANN, the organization that governs domains, and could be available as early as spring of this year. The new domains approved are .biz, .info, .aero, .coop, .musuem, .pro, and .name. more

League of Nations, United Nations, Next: United Cyber Nations

Though the "Techies" have been heavily involved in many initiatives like Internet Governance, Internationalized (Multi-lingual) Domain Names, Identity Management, Information Security, Access Rights Management etc., they still have to correctly apply the technologies at hand to be able to replicate many accepted norms that have matured in the physical world such as federated identities, non-repudiation, notarizing, witnessing, co-signing etc. more

Domain Name Case Under ACPA Failed Because Trademark Was Not Distinctive

The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more