Featured Blogs

Abusive Conduct: Domain Name Registrants and Rights Holders

Abusive conduct or cybersquatting is the essence of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), usually by domain name registrants violating their warranties of registration but also (in appreciable numbers) by trademark holders overreaching their statutory rights. The UDRP remedies are asynchronous: there is forfeiture of offending domain names; for abusive use of the process there is reverse domain name hijacking (RDNH), essentially a shaming remedy that substitutes for a monetary penalty. more

Questionable Impact for US House Hearing on New gTLDs

This morning, the US House Subcommittee on Intellectual Property, Competition and the Internet led by Representative Goodlatte (R - VA) conducted a hearing on New gTLDs. Kurt Pritz, Senior Vice President from ICANN did his best to alleviate concerns about the risks posed to intellectual property rights and consumers as the result of the New gTLD Program and reiterated that the process to launch new gTLDs has been underway for 7 years. more

Trump’s Cuba Policy and Its Impact on the Cuban Internet

On June 12th, I speculated on Trump's forthcoming Cuba policy and its impact on the Internet. He outlined his policy in a June 16th speech and the Treasury Department published a FAQ on forthcoming regulation changes. It looks like my (safe) predictions were accurate. I predicted he would attack President Obama, brag about what he had done, make relatively minor changes that would not upset businesses like cruise lines, airlines, and telecommunication and hotel companies. more

We Are All Internet Exceptionalists Now

The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more

Luxembourg to Offer Investor-friendly Legal Environment for Domain Names

EuroDNS, the Luxembourg registrar, used its well attended New Year party last Wednesday to invite the Minister of Telecoms, Jean-louis Schiltz to talk about a law voted at the end of December 2007. According to the Finance and Budget Commission Report on Draft Law 5801, Revenues generated from use of, or license to use, a Domain Name are exempted from Luxembourg corporate taxes up to 80%. more

Is WCIT Failure the Start of a Digital Cold War?

This was never part of the plan. Going into the Dubai World Conference on International Telecommunications (WCIT) two weeks ago, there was optimism aplenty. After weeks of online and media campaigning, proponents of a free Internet had managed to scare everyone into thinking that WCIT was tantamount to digital Armageddon. This had the effect of defusing the conference before it even started, or so it seemed... more

Regulating and Not Regulating the Internet

There is increasingly heated rhetoric in DC over whether or not the government should begin to "regulate the internet." Such language is neither accurate nor new. This language implies that the government does not currently involve itself in governing the internet -- an implication which is clearly untrue given a myriad of laws like CFAA, ECPA, DMCA, and CALEA (not to mention existing regulation of consumer phone lines used for dialup and "special access" lines used for high speed interconnection). more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part II)

Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more

Georgians Use Spam to Explain Their Situation

Call it outreach, call it propaganda or call it brilliance or even desperate measures, spammers (people) who favour the Georgian side in the recent conflict have been spamming using email, to get their point across. Depending on where in the world you are from, your ideological standpoint on Russia and your beliefs, when it comes to what email should be like, can be different and you may judge the action as you will. I call it spam. An Estonian colleague Viktor Larionov was quoted saying that whether there is a cyber war in Georgia or not, we know there is in fact a media war in play... more

Happy Birthday .CAT and ICANN

Today, four years after the launch of the Catalan linguistic and cultural registry, Google reports that there are 90 million pages of Catalan content under the some 36 thousand .CAT domains. As imperfect as Google's tools are as a metric, the correct observation is that the use of .CAT by Catalans vastly exceeds the expectations of its initial proponents... more

A Third, More Interesting Round in E360 vs. Comcast

In the past week, Comcast filed an answer, denying all of E360's charges, and attached to it a motion to file a most impressive counterclaim. The court granted the motion on Monday so the counterclaim has been filed. At about the same time, E360 filed its response to Comcast's previous motion to dismiss the suit due to its utter lack of legal merit. more

Three Years With ICANN

I joined the ICANN board during the December 2004 ICANN meeting in Cape Town. I served for a three year term and stepped down at this last meeting in Los Angeles and didn't run for another term... Before joining ICANN, I thought that ICANN was the only part of the Internet that wasn't really working. I knew that there must be a better way to do what ICANN does, but I couldn't be bothered to figure it out. I'd agree with people who said things like, "it should just be distributed" or "it should just be first come first serve" or "we should just get rid of it." People from ICANN would say, "it's more complicated than that" or "at this point that would be impossible." After being part of the process for three years, I find myself saying those same things... more

To Block or Not to Block?

Domain blocking mechanisms are an important element of an organization's defensive domain strategy. With the introduction of the New Generic Top-Level Domain (gTLD) Program by the Internet Corporation for Assigned Names and Numbers (ICANN) in 2013, brand owners were faced with a new challenge -- protecting their marks without overburdening their budgets. Defensive domain registrations were and still are an effective way in which a brand can protect itself in domain namespaces.  more

Digital Rights Management or Digital Restrictive Management?

We are all accustomed to purchasing and/or using copyrighted material in one fashion or another. From music, movies-(BluRay), e-books-(Kindle), computers-(software), mobile phones-(iPhone) and games; the umbrella of companies wanting to restrict access to its products continues to grow and become increasingly restrictive. more

Perfect Storm Brewing at ESPs Amidst Growing PowerMTA Admin Crisis

Sometimes, a software company is as much about people as it is about technology. Who says PowerMTA admins don't have influence? Not only are they the influencers of our brand [Port25] they are also the main influencers and decision-makers when it comes to purchasing decisions. more