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ICANN’s Comment Period on Accountability Process Seeks Scope Limitations

Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more

Domain Pulse 2011: New gTLDs, Their Impact on Aftermarket and Importance of Domain Names

The impact of new generic Top-Level Domains on the price of existing gTLDs and ccTLDs is likely to be limited, Tim Schumacher, CEO of leading domain name marketplace Sedo, told the the Domain Pulse conference in Vienna, held on 17 and 18 February. "I don't think the new gTLDs will have a major impact on pricing of existing TLDs. If you start a company or a product, you will always need to have your 'dotcom' or respective ccTLD in the market you operate in," said Schumacher in an interview following the conference. more

DoT and DoH Guidance: Provisioning Resolvers

As part of a larger effort to make the internet more private, the IETF defined two protocols to encrypt DNS queries between clients (stub resolvers) and resolvers: DNS over TLS in RFC 7858 (DoT) and DNS over HTTPS in RFC 8484 (DoH). As with all new internet protocols, DoT and DoH will continue to evolve as deployment experience is gained, and they're applied to more use cases. more

Time to Look Past ‘Net Neutrality’. Let’s Start a Fresh Post-Neutrality Debate…

Yesterday, as many of you heard, the European Parliament voted to reject the 'net neutrality' fundamentalist amendments to the already flawed proposals they had helped to create. That's the good news. The bad news is that the law that we now have is merely ludicrous, rather than insane. Furthermore, it doesn't properly protect end users, hold ISP feet to the service delivery fire, or truly encourage broadband ecosystem innovation. more

EC3, the European Cybercrime Centre, Opened - Challenges All Around

On Friday 11 January 2013 the European Cybercrime Centre, EC3, officially opened its doors at Europol in The Hague. If something shone through from the speeches of the panel participants, it is that there are tight budget restraints and a strong wish to cooperate with the U.S., the Interpol centre in Singapore and Russia. Let me share my thoughts on expectations. more

Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

Naming is the first imperative. It precedes the launching of new lives as much as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not sometimes made aware that not all names are equally distinctive, and that some of them are distinctly commonplace? more

In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

Telecoms Competition on a Downhill Slide in America

That is what happens when you base your telecommunications policies on the wrong foundations. The problems with the telecommunications industry in America go back to 1996 when the FCC decided that broadband in America should be classified as internet (being content) and that therefore it would not fall under the normal telecommunication regulations. Suddenly what are known as telecommunications common carriers in other parts of the world became ISPs in the USA. How odd is that? more

Internet Control Without “Firewalls”

Open Society Fellow Evgeny Morozov and I have written an Op-Ed for Project Syndicate about how the future of Internet control is not "firewall" censorship but more subtle forms of manipulation and pressure. Recognizing that censorship is too heavy handed and imperfect to be successful on its own, the Chinese government's Internet strategy is placing increasing emphasis on corporate self-censorship... more

Spotlight on TD-LTE Technology and Spectrum

As handheld devices grow ever more sophisticated and demand for content-rich services such as mobile video increases, mobile data traffic is likely to continue growing at an explosive rate. This represents good news for the industry, but next-generation wireless technologies will need to be ready to meet the challenge and able to cope with these increased demands on bandwidth. A recent TD-LTE spectrum workshop looked at the potential of TD-LTE technology to take us on to the next stage of wireless communication. more

When is a Typo Not a Typo?

I was reading about the Nieman Marcus lawsuit and on a phone call related to the "Working Group on Mechanisms to Protect Rights of Others", when suddenly it occurred to me that this whole rush to rid the world of typos could eventually head in a messy direction... How far can this go? Let me take you back to that phone call I was on where representatives of Yahoo indicated they would try to secure Flicker.XXX as a TYPO of Flickr.com (their made up brand name) during a potential new TLD sunrise period. How backward is that? A Typo that became a brand, trying to call the generic name a variant of their trademark! more

.com Is A Clear and Present Danger to Online Safety

"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more

Supporting Dot Amazon Strengthens Global Internet Cooperation

With the backlash against tech companies gaining steam, we've seen certain contrarian members of the media taking indiscriminate aim at companies and issues without due cause. This is what happened when Financial Times columnist Gillian Tett, in a paywalled March 7th editorial, inaccurately portrayed a process involving the Amazon's gTLD application for .AMAZON, an issue the i2Coalition has been engaged in for years. more

Internet Challenges Need Win-Win Solutions

The current internet versus telcos debate that is going to be played out at the WCIT conference in Dubai later this year is still following the old confrontational pattern. The telco industry, for all the right reasons, started off as a monopolistic one. With the limited technology and knowledge of that time this system has been able to deliver telephone networks to all the countries in the world, and the industry can be proud of that achievement... However technology and knowledge have progressed... more

Integrating the GAC More Effectively

We all may have breathed a sigh of relief when the ICANN Governmental Advisory Committee (GAC) and the Board concluded their eleventh-hour negotiations on new generic Top-Level Domains (gTLDs) with some measure of success, but we can all agree that panicked policymaking is, at best, less than optimal. ICANN needs to integrate GAC input more effectively. The Final Report recently issued by the Joint Working Group (JWG) of the ICANN Board and the GAC contains several thoughtful and productive recommendations. more

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