Featured Blogs

Facebook’s “Supreme Court” Has Implications for International Law

Last year, Facebook created its widely dubbed "Supreme Court" (officially the Oversight Board) in an effort to outsource some of the platform's most difficult content decisions. By all accounts, Facebook hoped the Board would have global legitimacy to make the toughest content decisions and help avoid reputational damage for being biased, arbitrary, tone-deaf, or worse. more

Eureka! We’ve Struck ... Consensus

It took a trip to California - the land of the gold rush - to discover that most elusive of ICANN aspirations: consensus. ICANN kicked off this week's meeting in San Francisco with a parade of Internet pioneers discussing the past, present and future of ICANN. ... ICANN insiders might focus on points of contention that came out of this morning's comments -- whether on new gTLDs or the future of the IANA functions -- but I was more interested by those areas where ICANN pioneers clearly agreed. 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

Registration And Use Of Domain Name Infringing Another’s Trademark Ruled “Advertising Injury” Covere

The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. 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

Internet Vigilantism

Atrivo (aka Intercage), a Concord, California-based Internet hosting service, disappeared from the Internet for around two days recently. They didn't go bankrupt or suffer a physical catastrophe. Their providers simply shut them down by refusing their traffic. This might very well be the first time in history that the Internet community, a cooperative association of networks with no governing body, has collectively put someone out of business, if only briefly. more

Is the Web a “Communications Medium”?

I've been having a short Twitter exchange with Paul Downey (@psd), someone who I hold in high intellectual and personal regard. I've made an assertion that has Paul snorting his coffee back up through his nose and into his keyboard: that the Web is not a communications medium. Justifying this claim can't be done in 140 characters. Now, there is a sleight of hand I'm pulling off here. You can build communications media on the Web, but my claim is that the Web itself is not one, and that has subtle but significant consequences. more

Dot UK, A No-Brainer!

British registry Nominet has launched a consultation on whether .UK should be opened up at the top level under a scheme called direct.uk. Currently, registrations are only allowed at the second level, .CO.UK being Britain's main Internet suffix. The question really isn't should this be done. The question is: why has it taken so long to get here? more

Making Sense of MIIT’s Category of Telecommunications Services

This morning I read a catchy titled article on CircleID "China Closing the Door to New Technologies". I was trying to make sense of what all the fuss is about... So I called up my friends in Ministry of Industry and Information (MIIT) for lunch to find out what's going. more

The Other Vote on November 4th

The vote that Federal Communications Commissioners are planning for November 4 is not as important as the voting we'll do on that day, but it does matter a lot to the future of the United States. Unless the forces opposed to progress manage to postpone FCC action (which they are trying very hard to do), the FCC could decide to set the stage for another generation of innovative products with which the US will strengthen its competitive position in global markets... more

Development Matters More than Domains

The advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more

Wireless Innovations for a Networked Society

Last week, I had the honor of moderating an engaging panel discussion at Mozilla on the need for community networks and the important role they can play in bridging the digital divide. The panel highlighted the success stories of some of the existing California-based initiatives that are actively working toward building solutions to get under-served communities online. more

Dictionary Words Alone or Combined Functioning as Trademarks Are No Less Dictionary Words

By definition "any word" or "any combination of words" can function as trademarks, but whether alone or combined for that purpose no use can overrule their ordinary meanings, support their removal from the public domain, or prevent speculation or use of identical or confusingly similar words by businesses other than rights holders. The fact is, all words that are not coined found in dictionaries, word lists, and circulating in world cultures are generic. 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

War of Words - the gTLD Weaponry

Why would the Association of National Advertisers (ANA), representing 400 member organizations and their 10,000 brands that spend $250 billion annually, be so wrong about ICANN's generic top-level domain (gTLD) program? They're complaining as if new gTLDs are being sold overnight in dark alleys with a no questions asked policy in exchange of a large suitcase filled with newly printed currency. This is definitely not the case, so what did they miss? more