Featured Blogs

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more

No Time Bar for Cybersquatting Claims Under UDRP

Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more

ICANN in Hollywood: Foreshadowing a Happy Ending?

As we arrived in Hollywood -- the land of happy endings -- ICANN had just given us cause to hope that the ICANN accountability process might get its own Hollywood ending, despite a fitful start. As one who's been critical of ICANN management's heavy-handed attempts to control the accountability process, it's only appropriate to give credit where credit is due. In accepting the community's strenuous -- and nearly unanimous -- calls for a cross-community working group to lead the process of improving ICANN's accountability mechanisms, ICANN management says it's now prepared to follow the community's lead, rather than dictating and constraining it. more

Bringing a Responsible Closure to the gTLD Implement Process

Last Friday ICANN released an updated new generic Top-Level Domain (gTLD) Applicant Guidebook that appears to have taken a number of positive steps toward closing the divide between the ICANN Board and the Governmental Advisory Committee (GAC). One of the more important changes to the Applicant Guidebook was the following text... more

Rodney Joffe Wins a Well-Deserved Mary Litynski Award

Every year M3AAWG gives an award for lifetime work in fighting abuse and making the Internet a better place. Yesterday at its Dublin meeting they awarded it to Rodney Joffe, who has been quietly working for over 20 years. I can't imagine anyone who deserves it more. more

Nov 25th Deadline To Nominate Technical Community Reps for IGF Multistakeholder Advisory Group (MAG)

Would you (or someone you know) be interested in representing the "technical community" on the Multistakeholder Advisory Group (MAG) of the Internet Governance Forum (IGF)? If so, the deadline to nominate someone (including yourself) is Monday, November 25, 2013. Under-Secretary-General Wu Hongbo of UNDESA has issued a statement on the Internet Governance Forum (IGF) Multistakeholder Advisory Group (MAG) renewal process for 2014 with the stated aim of rotating one third of the MAG members. more

Cuba’s New WiFi Regulations – Good, Bad or Meh?

Soon after ETECSA began rolling out WiFi hotspots for Internet access, people began linking to them from homes and community street nets. These connections and importing the WiFi equipment they used were illegal, but generally tolerated as long as they remained apolitical and avoided pornography. Regulations passed last month legalized some of this activity in a bid to boost connectivity by allowing Internet access from homes and small private businesses like restaurants and vacation rentals that are located close enough to a hotspot to establish a WiFi connection. more

OpenFlow - The Programmable Network Revolution

Over the past few months I have made regular references to OpenFlow. This is an exciting new development that fits in very well with several of the next generation technology developments that we have discussed in some detail over the past few years -- new developments such smart cities and smart societies, the internet of things. Such networks need to operate more on a horizontal level, rather than the usual vertical connection between a computing device and the users. more

At the Start of the NL IGF

At the annual Dutch "delegation" dinner at the Internet Governance Forum (IGF) in Vilnius, Lithuania, I voiced that it may be a good idea to start a Dutch IGF. This followed a discussion in which we discussed the possibilities of involving more people and organisations from the Netherlands in Internet governance. The, now, Ministry of Economic Affairs, Agriculture and Innovation followed this thought and made it possible for the ECP/EPN foundation to start the NL IGF. more

Building a Secure Global Network

Recently, the DNS has come under an extensive attack. The so-called "DNSpionage" campaigns have brought to light the myriad methods used to infiltrate networks. These attacks employed phishing, system hopping via key exfiltration, and software zero day exploits, illustrating that many secure networks may not be fully protected. more

Beyond Domains: What Did We Really Learn in 2009?

The beginning of every year is a time for introspection, an appraisal of the year that was, and planning for the year to come. It is also a time to follow tradition and to recap the biggest news of the year. But by now, I am guessing that we have all read our fair share about the people and events who have impacted the last 12 months... if we take a larger vantage point (than our own relatively small domain name industry), these lessons from 2009 -- in my view -- could teach us all and most importantly, really shape the year ahead. more

Unintended Benefits of Trump’s Twitter Tantrum

Four years ago, progressive intergovernmental organizations like the European Union became increasingly concerned about the proliferation of hate speech on social media. They adopted legal mechanisms for removing Twitter accounts like Donald Trump's. The provisions were directed at Facebook, Twitter, and YouTube. In June of 2016, a "deconstruction" of these mechanisms was presented to one of the principal global industry standards bodies with a proposal to develop new protocols to rapidly remove such accounts. more

The Internet Portal Strategy, Circa 2011

Ev Ehrlich over at High Tech Forum wrote an excellent piece yesterday about some recent comments by Google's Eric Schmidt. According to Schmidt there are four megafirms right now executing well on what he calls "platform strategies" - Google (search), Apple (gadgets/ecosystem), Amazon (online retailing) and Facebook (social connectivity). more

The Business Of Domains: Shifting The Paradigm

For a business that started with few competitors and unlimited markets, the domain name registration trade has certainly become quite difficult and price sensitive. As the owner or manager of your firm, you have a basic choice to make: You can pull back and ride out this difficult period, or you can use this disruption to your advantage. Can a savvy owner or manager bring profitable growth to his or her company? One positive answer may not be in familiar spaces, but in new markets. more

Long-held Domain Names Transferred to Complainants

There has lately been a number of long-held investor registered domain names transferred to complainants under the Uniform Domain Name Dispute Resolution Policy (UDRP). Two of the domain names were registered 23 years ago. This has provoked several commentators to complain that the UDRP is tilted in favor of mark owners and trademark-friendly panelists expressing hostility to the domain industry. I think we have to dig deeper than this. more