Featured Blogs

The Hack Will Be a Costly Affair for Optus

More and more information is becoming available about the breach of Optus (Australia's second-largest telco). It looks like the hacker is more of an amateur than a professional criminal or a "state actor." This makes the hack even more worrisome. It looks as though Optus didn't have its security house in order. This makes the issue all the more painful for the company. It will dent its reputation, and customers could become somewhat wary about dealing with the company. more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. 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 UN Panel on Digital Cooperation: Reinventing the Wheel or Innovating Internet Policy Making?

The new High-Level Panel on Digital Cooperation (HLP.DC), appointed by UN Secretary General Antonio Guterres, will have its first face-to-face meeting in New York, September 25-26, 2018, just before the beginning of the 73rd UN General Assembly. The Panel, co-chaired by an American woman, Melinda Gates from the Microsoft Foundation and a Chinese man, Jack Ma from Ali Baba, "is expected to raise awareness about the transformative impact of digital technologies... more

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) 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

Dispersing a DDoS: Initial Thoughts on DDoS Protection

Distributed Denial of Service is a big deal -- huge pools of Internet of Things (IoT) devices, such as security cameras, are compromised by botnets and being used for large scale DDoS attacks. What are the tools in hand to fend these attacks off? The first misconception is that you can actually fend off a DDoS attack. There is no magical tool you can deploy that will allow you to go to sleep every night thinking, "tonight my network will not be impacted by a DDoS attack." more

DNA University Launches to Support Domain Name Industry

In pursuit of continued domain name industry success, the Domain Name Association (DNA) is delighted to announce the launch of the next industry resource -- the DNA University. The aim of the DNA University is to establish a dedicated education platform to facilitate the exchange of ideas, best-practice methodologies and continued development of the industry's combined expertise. To this end, the DNA University will offer stakeholders an opportunity to share their experiences, learn from each other and provide a forum to incubate concepts that will advance the domain name industry. more

Estimating Trademark Claims Notice Suppression of Non-Infringing New gTLD Registrations

On February 2nd ICANN staff announced the release of a Draft Report: Rights Protection Mechanisms Review that is open for public comment until May 1st. This Draft Report is preliminary to an Issues Report requested by the GNSO Council that is due to be delivered by September 30th, and that may set the stage for a Policy Development Process (PDP) on Rights Protection Mechanisms (RPMs) that could commence in 2016. Such a PDP could consider comprehensive reform of these RPMs as well as of the Uniform Dispute Resolution Policy (UDRP). more

Marketo’s Path to Being Acquired

Happy Early Memorial Day. Once an ESP or marketing automation company declares itself for sale, there seems to be a mass exodus by investors, which sends up a red flag, (well in this case, a red & white striped flag). This past week there were rumblings about the potential suitors for Marketo. While it is rumored that German company SAP is the front-runner, there are many other potential suitors circling the marketing automation software company. more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

The FCC Cyber Trust Label Gambit

Several weeks ago, the Federal Communications Commission (FCC) embarked on one of the most far-reaching regulatory gambits in its 90-year history. It is formally known as a Notice of Proposed Rulemaking in the matter of Cybersecurity Labeling for Internet of Things, Docket 23 -- 239. The FCC offers ICT product developers the use of its FCC trademarked cyber trust mark placed on their products in exchange for accepting open-ended Commission cybersecurity jurisdiction... more

Could Net Neutrality be to Investments in the Internet What AT&T’s Regulation was to Bell Labs?

As the FCC moves forward with its plans to regulate the internet in the U.S., it's worth taking a look at what's happened when the government has regulated other innovative industries. As a facilitator of innovation, I've always been fascinated with the history of Bell Labs. Bell Labs was once thought of as the source of most modern innovations... The work done at Bell Labs built the foundation for modern invention leading to phones, space exploration, the internet, music distribution, cell phones, radio and television and more. more

JPA Agreement: Will it Change the Problems With the UDRP?

It was rather interesting to read this new agreement between the USDoC and ICANN talking about the mechanisms, methods and procedures necessary to effect the transition of Internet domain name and addressing system (DNS) to the private sector. What was more interesting though was to read in this very agreement the following: "...the Department continues to support the work of ICANN as the coordinator for the technical functions related to the management of the Internet DNS". OK, let's be honest! Technical? more

Prepare for the Worst, But Hope for the Best

A couple of weeks ago, I blogged about the importance of the timeline leading up to the September 2015 deadline for the IANA oversight transition proposal. In that post, I explored the nature of U.S. politics and how it can affect the transition if we, as a community, are not diligent in our efforts to meet that deadline. Since then, the IANA Stewardship Transition Coordination Group (ICG) has held its first meeting and a conference call, resulting in some new information that necessitates an update to that post. more