Featured Blogs

FedRAMP: Critical to Cost-Effective Cloud Computing Cybersecurity

In September 2009, the Obama Administration announced the Federal Cloud Computing Initiative. As the government's CIO explained, cloud computing "has the potential to greatly reduce waste, increase data center efficiency and utilization rates, and lower operating costs." The Federal Risk and Authorization Management Program (FedRAMP) addresses the key elements of a cloud computing framework for federal agencies. more

What Is the Purpose of ICANN’s Comment Periods?

Almost every institution which purports to provide space for public accountability includes some sort of formalized process by which the public can have their say. And in almost every instance, they struggle with a tension between the desire to provide a commenting process which is meaningful and substantive (or, at least, which appears to be so), and a desire to adopt whatever course of action the institution thinks is best. more

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more

Preserving “Rational Competition”?

In What's Driving the Next Telecom Law, David Isenberg writes about the incumbents desire to preserve "Rational Competition"... Rational competition is the idea that corporations, knowing their own costs, and their competition's pricing, will price their products to maximize profits. It is tied up in the language of predatory pricing. Some economists argue that predatory pricing is rare, because it is, in fact, irrational... The flaw in the incumbent's argument is twofold... more

Will the Cloud Kill Telecom Vendors?

There are many big questions in telecom these days, and this is one that's on my mind right now. Over the past few months, I've participated in events or briefed with leading vendors in our space, namely Avaya, ShoreTel, BroadSoft, Aastra, Metaswitch, Mitel, Interactive Intelligence, and this week Cisco. Every analyst has their own core circle of vendors they stay close to, but I'd say that's a pretty fair representation of who's driving telecom. To varying degrees, all of these vendors have a cloud story, and the more I hear it, the more I start to wonder what it really means. more

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

A Serious Bug in the Similarity Check

A week ago, ICANN announced the latest delay in the New gTLD Program: the so-called "contention sets" will only be published March 1, 2013. The original deadline was July 2012, postponed serially in two-month intervals. The gTLD program is lost in confusing similarity. What went wrong? In order to determine which TLD applications are in contention, it is necessary to say which TLD strings are confusingly similar to one another. more

European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

Observations on Resolver Behavior During DNS Outages

When an outage affects a component of the internet infrastructure, there can often be downstream ripple effects affecting other components or services, either directly or indirectly. We would like to share our observations of this impact in the case of two recent such outages, measured at various levels of the DNS hierarchy, and discuss the resultant increase in query volume due to the behavior of recursive resolvers. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more

Amazon, Google, And The Prospect of Closed gTLDs - Don’t Believe the Hype

There have been a lot of complaints leveled at companies like Amazon and Google who have applied to register a number of new gTLDs. The criticism is that the public will not benefit from having Amazon own .book, .store, .you, and .grocery if they only use it for their own purposes and don't open them up to sell domains to the broader public, and that allowing these companies to own generic registries will hurt their competitors in that space. Although these arguments are not without merit, there are also positive aspects to having established companies own gTLDs. more

LTE Insufficient from the Start, Boingo IPO Propitious

The trouble with planning way ahead is that the world changes before you execute. The major wireless carriers have been planning their 4^th generation LTE (Long Term Evolution) rollouts for a long time -- that's how they do things. Now, even as Verizon Wireless is doing an aggressive rollout of LTE, it's becoming clear that LTE networks will not be able to slake the data thirst of a world full of smart phones and tablets. Whoops. more

What’s So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

The Future of .COM Pricing

When you've been around the domain industry for as long as I have, you start to lose track of time. I was reminded late last year that the 6-year agreement Verisign struck with ICANN in 2012 to operate .com will be up for expiration in November of this year. Now, I don't for a second believe that .com will be operated by any other party, as Verisign's contract does give them the presumptive right of renewal. But what will be interesting to watch is what happens to Verisign's ability to increase the wholesale cost of .com names. more