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Prudential Settlements for Alleged Cybersquatting/Reverse Domain Name Hijacking Under the ACPA

Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) (ten to fifteen published daily), the sum total of grievants filing de novo challenges under the Anticybersquatting Consumer Protect Act (ACPA) is remarkably small -- one or two at most in any single year; and those rarely proceeding to summary judgment or trial. more

ICANN New gTLD Auction Proceeds Approaching $30 Million

While the debate continues as to whether most new gTLDs are a sound long-term investment for their registry operators, there's no disputing that the program has been an economic boom for ICANN. The 1,930 first round applications each required an application fee of $185,000, which added up to a tidy $357 million. Even after refunds for withdrawn applications ICANN still cleared about a third of a billion dollars from the first round before a single string was delegated. more

Net Neutrality 101: Why ‘Title II’ Doesn’t Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more

EoWhy?

I have come to acceptance that the community proposal for Expressions of Interest in new gTLDs (EoI) was removed from consideration during ICANN's March 12th Board Meeting in Nairobi. It should have passed, but it got lobbied into oblivion by some in attendance at the Nairobi meeting. They deserve their say, those who oppose it, but quite frequently the arguments used fail logic once one reflects upon them, or contrast them against the facts. more

Neelie Kroes, the EU, Cloud Computing, Regulation and Good Ears

In her blog EU Commissioner Neelie Kroes blogs on her stance on cloud computing. In short: this is a good development which the EU will embrace and advocate, but may need regulation in order to ensure a safe environment for industry and individuals in the cloud. Here's some thoughts on that. more

Verizon: Voice is Dying

Ivan Seidenberg, Verizon CEO, saying "voice is dying" is a defining moment in telecom history. He didn't use those words, but his comments at Goldman Sachs are clear "we have to pivot and make a shift from the voice business to the data business and eventually to the video business. ... we must really position ourselves to be an extremely potent video-centric asset." more

ICANN Board Meetings Should be Webcast Live

ICANN has just announced that, starting with the June meeting in Prague, the ICANN Board will no longer meet and cast votes on the final day of its three annual public meetings. We think this is an ill-advised step backwards from ICANN's commitment to transparency and the accountability that accompanies it. We also believe that ICANN should have told "the community" it was considering this major change and asked for public comment before making such a decision. more

March 2019: Which New gTLDs Are Becoming Mainstream?

I went through the exciting exercise of checking all March 2019 new gTLD reports to extract which domain name extension shows an interesting learning curve (or something strange happening). This is what I noticed for the 20 categories of TLDs... In the list of new gTLDs for Politics, the first new gTLD to have been delegated from the ICANN new gTLD program - .GURU (63,000) - lost 2,000 registrations since January 2018 (not 2019). more

Why You Shouldn’t Believe Network Speed Tests

The media is filled with hyperbolic claims that "Our network is the fastest!" And there are many so-called "Speed Test" tools available on the Internet. Most are easily run in a web browser. Should you trust those tools? Not really. The popular speed testing tools provide a very narrow and limited measure of network "speed." It is quite possible that a network that is rated as "fast" could actually deliver poor results to many applications. Why is this so? more

Too Little, Too Late? Why ICANN’s Proposed WHOIS Access System Isn’t Worth It

After two years of grueling, complex and contentious debate, the ICANN EPDP team delivered its Phase 2 Final Report on July 31st, 2020. Unfortunately, and disappointingly, the policy recommended for the so-called "System for Standardized Access/Disclosure" (SSAD) fails to meet the needs of the users it supposedly is designed to benefit. more

New, Old and Forgotten Frames in the Network Neutrality Debate

One key reason for confusion about Network Neutrality lies in the many different and inconsistent frames used to shape the debate. The Tea Party has entered the fray by characterizing the matter primarily in terms of freedom. Republicans decry the "job killing" impact of the FCC's rules. Network Neutrality advocates appear ambivalent whether the FCC has capitulated to special interests, or shaped a pragmatic compromise. more

Define “Spam”

In my consulting and working with clients, I rarely use the word spam. There are so many different definitions of spam, I have no way to know if my clients understand what I am saying, so I avoid the term as much as humanly possible. An example of some of the few definitions of spam I've seen used over the years... more

The Cold-War Fight Against Domaining Continues

"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on.  more

Facebook and Apps vs. Domains

This debate never got heated during the NewDomains.org conference in Munich last month. One might speculate that it was largely because most in the audience and on the panel, support and believe in the existence of both. There is no need to make a direct either/or comparison. What sets Facebook and Apps apart from existing popular Top-Level Domains (TLDs) is the concept of a closed environment in which users can interact with the technology and each other in a dedicated space. more

If You Build It, They Will Come.

Only two years after signing the DNS root zone, the powerful lure of a secure global infrastructure for data distribution is starting to reveal itself. It is illustrated clearly by two proposed technical standardizations that seek to leverage secure DNS. To some degree these developments highlight the strength of DNS institutions and how they might fill gaps elsewhere in the Internet's governance. But an increasing reliance upon and concentration of power in the DNS also makes getting its global governance correct even more important. more

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