Featured Blogs

When No Action Is the Wisest Action (ICANN Does Good)

Although ICANN is now getting a lot of ridicule for the "glitch" in its TLD application System, it deserves some praise and respect for the results of its April 10 board meeting. In that meeting, the board showed the involved community - and the rest of the world - that it is no longer going to be stampeded by extra-procedural political pressure to make yet another round of hasty amendments to its new TLD program's policies and procedures. more

UN and the Global Digital Compact: How to Strengthen the IGF?

According to UN Secretary-General Antonio Guterres, the forthcoming UN World Summit on the Future", scheduled for September 2024, should adopt a "Global Digital Compact" (GDC).1 The GDC is part of the so-called "UN Common Agenda." The compact is expected to "outline shared principles for an open, free and secure digital future for all" and to cover issues as digital connectivity, avoiding Internet fragmentation, providing people with options as to how their data is used... more

Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more

Protecting an Enterprise from Cyber Catastrophe

We are suffering an epidemic of cyberattacks while in a viral pandemic. This post is for those who have responsibility for assuring that the IT-based services offered by their enterprise can quickly recover in the case of successful cyber-attack or other disaster. University of Vermont Medical Center (UVMMC) is an excellent hospital. I owe my life to treatment there and am grateful for both the skill and the kindness of UVMMC staff. They have been devastated by a cyber-attack. more

Innovation Today is IN the Network

The largest and most important global information infrastructure today by any measure is clearly the global mobile network and all of its gateways, services, and connected devices. That network is standardized, managed, and energized by a combination of the 3GPP and GSMA. The level of 3GPP industry involvement and collaboration today probably exceeds all other telecom, internet, and assorted other bodies put together... and then some. more

A Three-Step Process to Chase Compulsive Domain Brand Squatters

Domain brand squatting can be defined as the unauthorized or dishonest use of a brand or company identifiers in domain names. It is often linked to the use of look-alike domains in bad faith, and we see it all the time. The threat actors behind these domains are called different names, though a prevalent one would be “typosquatters.” The Hot on the Trail of Compulsive Brand Squatters webinar showcased how these people are infiltrating the Internet. The first page of PhishTank’s valid phish search alone as of this writing tells us that domain brand squatting is a real and present danger. more

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

Capping Broadband Internet by Design

FIOS by Verizon, is a bundled Internet access, telephone, and television service that operates over a fiber-optic communications network with over 5 million customers in nine U.S. states -- providing Fiber to the Home (FTTH). One of the first service areas was a Northern Virginia community known as Ashburn -- which is also is the cloud data center capital of the world. It literally sits on top of the most massive mesh of high bandwidth, low latency fiber in existence. more

Next gTLDs: 2016 or 2019?

On September 22, 2014, ICANN published an analysis of the review and assessment work that remains to be done before a new round of gTLD (generic Top Level Domain) applications can be initiated. According to the document, 2016 is the earliest a call for the next lot of applications to operate an Internet suffix could come. To many, a subsequent application window so soon after the 2012 round seems unrealistic. more

What Your ISP (Probably) Knows About You

Earlier this week, I came across a working paper from Professor Peter Swire - a highly respected attorney, professor, and policy expert. Swire's paper, entitled "Online Privacy and ISPs", argues that ISPs have limited capability to monitor users' online activity. The paper argues that ISPs have limited visibility into users' online activity for three reasons: (1) users are increasingly using many devices and connections, so any single ISP is the conduit of only a fraction of a typical user's activity; (2) end-to-end encryption is becoming more pervasive, which limits ISPs' ability to glean information about user activity; and (3) users are increasingly shifting to VPNs to send traffic. more

What Does Trump’s Cuba Policy Memorandum Say About the Internet?

I recently reviewed Trump's Cuban policy speech and its implications for the Internet. The speech was accompanied by a national security memorandum on strengthening US-Cuba policy, which was sent to the Vice President, Cabinet Secretaries, and heads of various departments. The first thing that struck me about the memorandum was that it was a "national security" memorandum. Does Trump think Cuba poses a threat to our national security? more

The Internet Is Designed for Surveillance

The current implementation of the Internet is hierarchical in that we get IP addresses from providers and then use a DNS that is rooted. We go even further in requiring that we conform to conditions on our intent (AKA our use) of connectivity in order to get a temporary lease on something so fundamental as our identity in the guise of a DNS name. We go further by accepting the idea that we communicate within pipes owned by service providers who can dictate terms in order to extract a rent. more

The Crimeware Infection Lifecycle

The distribution and installation of malicious and unauthorized software has evolved consistently throughout the 21st Century. The evolutionary path from annoying viruses, to destructive malware and on to financially driven crimeware, is well documented and can even be conveniently traced via the parallel evolution of technologies that were designed to counter each new aspect of the then contemporary threat. more

Critical Data Belongs in the Cloud, Not Under It - Lessons Learned from Irene

"As flood waters from Tropical Storm Irene swamped the Waterbury state office complex, seven employees from the Vermont Agency of Human Services rushed inside to rescue computer servers that are critical for processing welfare checks and keeping track of paroled prisoners living around the state," according to a story by Shay Totten on the 7days blog Blurt. Two of the employees - network administrator Andrew Matt and deputy chief information officer Darin Prail - lost their cars in the parking lot as the river rose but kept on working to assure that our servers were not lost. "We didn't know how much time we had," Matt said, "and our job was to save the servers." more