Featured Blogs

Domain Names as Property Subject to Creditor Claims - Bosh v. Zavala

Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more

Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. more

Spam Filtering and Social Media Moderation Are the Same Thing

CDA Section 230 has been called "The 26 Words that Created the Internet". While it is obvious how Sec 230 protects the World Wide Web, it is equally important for e-mail. A recent Pennsylvania court case emphasizes this point. Dr. Thomas, a professor at the University of Pennsylvania, forwarded an article about another professor Dr. Monge to an online e-mail discussion list. Dr. Monge claimed the article was defamatory and sued Dr. Thomas, the university, and many others. more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

Nobody Has Proposed a Sustainable Model for Internet Governance Yet

The idea that the US would maintain a strategic position in the Internet was always a pipe dream. Allowing the US to pick the DNS contractors is one thing, allowing the US the power to arbitrarily shut countries off the net is quite another. And that is what deployment of DNSSEC and the rPKI under the current models would do. The idea that some US congressman would promote a bill to force ICANN to drop Cuba, Palestine or the enemy of the moment off the Internet is really not far fetched. The US government was just shut down for over two weeks in a bizarre act of political theater. more

Guadeloupe Moves to Set Up Internet Exchange Point

Developments in the Caribbean digital space are fuelling initiatives to strengthen the Internet infrastructure in the region. In Guadeloupe, a recent agreement among three Internet service providers has cleared the way for the island to establish its first Internet exchange point. Commonly called an IX or an IXP, an Internet exchange point is a critical element of Internet infrastructure used to interconnect networks and deliver data traffic between them. more

ICANN’s New TLDs: Of Course There Will Be an Auction - Part 2

A few days ago I opined that if several people want the same Top-Level Domain (TLD) and can't come to terms otherwise, they should arrange a private auction. It would be an odd sort of auction, since the buyers and sellers are the same people, so unlike normal auctions, the goal is not to maximize the selling price. How might it work? more

Project Title: Adopt-an-Haitian-Internet-Technician-or-Facility

I circulated this, and its precursors, notes about the necessity for diesel to keep the generators powering Boutilliers Hill NAP on the Hatian-Dominican Republic Border from failing, earlier this month on the North American Operators Group (NANOG) mailing list. Efforts by former ICANN people, in public service and in the private sector, were critical to bringing the continuity of the surviving infrastructure to the attention of the White House, the Department of State, and the Southern Command. more

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

Will Googlerola Be Able to Fight Data Caps?

"Is Google Turning Into a Mobile Phone Company?" asks the headline in Andrew Ross Sorkin's New York Times story. Wrong question, IMHO. But is Google doing the deal at least partly to give it leverage over wireless providers? I think so. The biggest threat to the growth of Smart Phones and tablets and other Google businesses like YouTube is the imposition of data caps and metered pricing by wireless providers like at&t and Verizon Wireless. more

A Landmark Standards Human Rights Judgment

On 5 March 2024, the Grand Chamber of the Court of Justice of the European Union handed down a landmark judgment that was years in the making. The case is formally known as C 588/21 P, Public.Resource.Org and Right to Know v Commission. The Judgment of the Court is identified as ECLI:EU:C:2024:201. more

Internet Religious Wars: Net Neutrality Episode

Turning network technical protocols into religion seems like an inherently bad idea -- transient and unstable at best. However, it happens. More than 40 years ago, the world of legacy telecommunications and network design formalism started the tendency with OSI (Open Systems Interconnection) and ISDN (Integrated Services Digital Networks). A few years later, the academic research community did it with their myriad host-to-host datagram protocols -- eventually calling one "the Internet." more

The Sysadmin’s Guide to Securing Your SaaS Apps

As an admin, app security should be a top priority - but SaaS apps represent a difficult challenge in that regard. How can you protect your business from their risks, while enjoying all their rewards? Within the average enterprise, there are 508 unique cloud applications in use. That number's overwhelming enough on its own without considering that 88% of those applications aren't enterprise ready, or the fact that one in five cloud applications has data sharing as a core functionality. more

Proactive Cybersecurity: What Small Businesses Can Actually Do

In the business world, there are two main paths a company can take with cybersecurity -- the reactive and the proactive approach. The problem with a purely reactive attitude is that it can easily put companies in constant firefighting mode. And for small companies with limited resources, this can turn out to be an increasingly uncomfortable place to be in.
With that in mind, experts today suggest proactive cybersecurity by monitoring suspicious activity and identifying risks before they turn into full-blown attacks. more

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more