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Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more

Summary Report Now Posted of W3C/IAB “Strengthening The Internet (STRINT)” Workshop

Given that I've written here about the original call for papers for the W3C/IAB "Strengthening The Internet Against Pervasive Monitoring (STRINT)" Workshop and then subsequently that the STRINT submitted papers were publicly available, I feel compelled to close the loop and note that a report about the STRINT workshop has been publicly published as an Internet-draft. more

Changes in the ICANN Board’s Operational Activities

One of the more interesting developments in this new year is the proposed changes in how, or perhaps more accurately, when the ICANN Board will undertake its activities. Historically, the ICANN Board has held monthly teleconferences (Special Board Meetings), with the exception of those months when the ICANN Board meet in person as part of a regional meeting (Regular Board Meeting). Approximately five years ago, the ICANN Board also began holding bi-annual retreats as part of their regular business activities. Interestingly, the proposed 2010 agenda for the ICANN Board has only four proposed Special Meetings... more

Lawful Registrations of Domain Names

Doug Isenberg notes in a recent CircleID essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). Fairly consistently from year to year, approximately twenty percent of filings are terminated (withdrawn): whether by settlement or nolo contendere we don't know. (All of these statistics come from the World Intellectual Property Organization (WIPO). more

BT and Ofcom

About 16 months ago, I heard Ed Richards of Ofcom speak at a CITI conference at Columbia, and blogged about it here. I remember thinking that Richards didn't seem to think that highspeed access to the internet was all that important. The market had to demand it, and the market wasn't being demanding. Also, he wasn't interested in government intervention to support highspeed access... more

Putin’s Iron Firewall Is Porous

In 1946 Winston Churchill declared that Russia had lowered an iron curtain across Europe, and in 2022 Vladimir Putin created an iron firewall between the Russian Internet and media and the rest of the world, but, like its precursor, it is porous. Information wants to be free. more

What’s With the 32-Bit Numbers That the Internet Keeps Defying?

By now you might have read the news "How 'Gangnam Style' Broke YouTube?" What happened is that a YouTube video named 'Gangnam Style' by a South Korean singer Park Jae-sang, known by his stage name PSY, has been viewed so many times that it broke YouTube's view counter. YouTube's view counter is built on a 32-bit integer, which provides a view-tracking capability of nearly 2.15 billion views. more

A Case for Looking Before Leaping: The IANA Stewardship Proposal

In my comments on the draft Cross-Community Working Group (CWG) on Naming Related Functions proposal for the IANA transition, I expressed my overall support, albeit somewhat reserved, for the proposal... but with the ICG's deadline of January 15 having come and gone, and the informal deadline of January 31 looming for the revised proposal from the Names community to be submitted, I'd like to shed some light on what I believe the role and reasoning for some of the mechanisms identified by the CWG, specifically the Contract Co., to be. more

ICANN’s NomCom 2-Stage (R)evolution

ICANN's Nominating Committee (NomCom) is both a strange animal and a precious resource. Having a committee charged with first recruiting, then selecting suitable candidates to hold key positions within ICANN is something that is often little, or even mis, understood. Within the ICANN community itself. By the very nature of its recruitment role, the NomCom has to remain secretive. About who the candidates are, at any rate. But that doesn't mean the rest of the NomCom's processes must remain so. more

3 Processes That Ensure IoT Cybersecurity Compliance

IoT devices have ingrained themselves into almost every aspect of modern life. From home assistants to industrial machinery, it's hard to find a device that isn't connected to a network and gathering data. Despite widespread adoption, IoT cybersecurity compliance remains surprisingly low. A big reason for this is the unique challenges IoT devices pose to operators. more

The Reality Virus

There's a new virus infecting the Internet that's more pernicious and more dangerous than any virus that has gone before. It's the first example ever of a hybrid Internet-human virus and probably the universal common ancestor of all hybrid Internet-human viruses to come. The condition the virus leaves behind is increasingly well recognised and goes by the understated label of "post-truth" but the virus itself is so far anonymous and so I propose we name it after the effect it has on those it has infected who, put simply, can no longer distinguish reality from fiction, hence the reality virus. more

Retrograde Inversion of Telecommunications Policy

Going backwards upside down. That's what we're doing with telecommunications policy in the U.S. The Comcast affair should prompt a re-examination of many decisions the FCC, Congress, and the courts have made over the last few years. When the FCC reports on its reactions to Comcast's activities, the right response will be "You're asking the wrong question." "What is reasonable network management" isn't the question we should be asking... more

The Machine Learning Operations Tooling Landscape Expands to 300

Happy New Year! There is no scarcity of Machine Learning Operations products being introduced to the industry. Since June of 2020, over 84 new ML toolsets incorporating but not confined to All-in-One, data-pipeline, and model training applications were born. In this list of almost 300 MLOps tools, there are 180 startups. Out of these 180 startups, more than 60 raised capital in 2020, and about two-thirds are fixated on data-pipelines and modeling-training. more

Senate Judiciary Leaders Ask New IP Czar to Facilitate ICANN-Focused Conversations

Daniel Marti was nominated to become the new White House "IP Czar" in August 2014 to replace Victoria Espinel. His predecessor, in yet another illustration of Washington's "revolving door" shuffling key individuals between the government and private sector, departed the post a year earlier to become head of BSA/The Software Alliance, the leading trade group for the software industry. more

The gTLD Opera

The curtain rises on January 12th 2012 but key players are still singing different tunes. Let's peek into their performance as they start taking center stage. FTC, the Federal Trade Commission, has sent a letter to ICANN on December 16th 2011. Re: Consumer Protection Concerns Regarding New gTLDs. They write; "We write now to highlight again the potential for significant consumer harm resulting from the unprecedented increase in new gTLDs." The following paragraph clearly highlights the lack of information about the ICANN gTLD platform. more

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