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Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more

The .nyc Landrush Auctions: Adding Injury To Insult

New York City is in the midst of a two part Landrush for its .nyc domain names. First is a 60 day application period (August 4 – October 3) during which anyone with nexus -- basically city residents -- can purchase an available .nyc domain name... It doesn't even matter if a name has a NYS Trademark or d/b/a registration, those names too are fair game... There are significant problems with this process. more

Why “.brands” Domains Make Sense

I receive spam on a daily basis from various Banks... as well as mine. None are legitimate but actually, that is not what is catching my attention receiving spam. There is something else and it deals with stealing information from me. Creating a personalized ".brand" domain name extension allows avoiding all that. Many are familiar with receiving spam through phishing attempts to have you answering an email and providing personal information such as login and passwords... more

Beware of Extra Fees in UDRP Proceedings

The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more

New gTLD Application Monitoring? Now?

Why in the world would any company sign-up for a "New gTLD Application Monitoring Service" when ICANN intends to publicly post all applications on May 1st? Domain Name Watching and Trademark Watching Services make perfect sense when new registrations and applications are being submitted and granted on a daily basis. I think that we can all easily agree that trying to understand new domain name and trademark registrations without an automated service would be nearly impossible. more

There Is No Cuban Home Internet Plan - And That’s Good News

I've followed Cuba's home-connectivity "plan" from the time it was leaked in 2015 until the recent Havana home Internet trial. I thought the plan was a bad idea when it was leaked -- it calls for installation of obsolete DSL (digital subscriber line) technology -- and now that the Havana trial is complete, I question whether the plan was real. ETECSA denied the validity of the leaked presentation at the time, and their definition of "broadband" was "at least 256 kb/s." more

Does WiMAX Still Stand a Chance?

Ever since WiMAX was introduced several years ago, there has been controversy over whether or not this technology is going to make a breakthrough in wireless broadband industry. The controversy could be partly due to the fact that the chip giant Intel has been behind the technology, and invested enormous resources to make it happen. It could also be because WiMAX had been hyped for so long before it was actually deployed, and by the time it began to roll out LTE emerged and the debate turned into WiMAX vs. LTE. more

Applicant Auction for Top-Level-Domains:? Resolving Contention Fairly, Efficiently & Transparently

The quest for new top-level domains took an important step last spring with 1,930 applications to ICANN. 755 of these applications, from 145 different parties, are under contention. ICANN has encouraged these applicants to resolve the contention among them, and has established a last-resort auction in the event agreements among applicants cannot be reached. Here I describe a private auction model, the Applicant Auction, which is an efficient, fair and transparent approach to resolve contentions. more

Uncertain Knowledge

The establishment media frequently attack the Internet as spreading inaccurate, unchecked rumors as news. While that is certainly true, the Internet is also demonstrating that the establishment media is no better. In the past weeks we have been told that the Stuxnet virus was written by US and Israeli intelligence. The evidence? Some un-named Israeli intelligence officers grinned broadly at reporters when the subject was mentioned. Is that what it has come to? more

Is the Internet Becoming a Vast Wasteland?

I've written posts about trolls in Cuba, where Operation Truth is said to use a thousand university-student trolls and trolls in China where government workers fabricate an estimated 488 million social media posts annually. Now we are reading about Russian government trolls... The fake news and trolling revealed during the last few months of the US political campaign has sowed doubts about everything we see and read online. We're beginning the transition from "critical thinking" to "paranoid thinking." more

Computer Transactions, Not People, Are Driving the Need for All-Fibre Networks

Ever since we first became involved in developing policies and strategies for countries relating to what are now known as national broadband networks, we have argued that those taking part in the strategic decision-making processes of designing these networks should look, not at what broadband can do now, but at what high-speed broadband can do to assist countries to create the best opportunities for future developments. more

Uncivil Society: The NETmund*al *n*t*at*ve’s Missing I’s

When I last wrote about the NETmundial Initiative (NMI) project developed by the World Economic Forum (WEF) in conjunction with ICANN it was noted that its August 28th announcement event "ended with significant dissent from the broad groups comprising "civil society", and only lukewarm support from the business sector". Indeed, during the concluding session on that late summer day, "NTIA head Larry Strickling appeared to startle the participants when he intervened to observe that perhaps the event was over-engineered... more

Cast Your .vote for the Most Interesting New gTLD Development in Q4

2020 has been extremely eventful, so it follows that the domain industry has continued to experience perpetual change, progress and uncertainty in the last three months of the year. In our Q4 New gTLD Quarterly Report, MarkMonitor experts analyze topical registration activity, launch information, .brand growth and DNS abuse, and share a list of upcoming industry meetings for 2021. more

Call for Participation: Registration Operations Workshop at IETF-92

The next Registration Operations Workshop will take place at the start of IETF-92 on Sunday, March 22, 2015, at The Fairmont Dallas Hotel. The workshop will start at 12:30 p.m. CDT and will finish at 4:30 p.m. CDT. We are seeking proposals for Extensible Provisioning Protocol (EPP) extensions to be featured as part of the workshop, including existing extensions that people wish to register with the Internet Assigned Numbers Authority (IANA)... more

Important Progress on Accountability and Transparency

The ICANN Board made a couple of important decisions regarding accountability and transparency at its 8 December meeting. Specifically, it approved compensating Directors and also enhanced ICANN's conflicts of interest rules. These are positive developments for the organization, and come at a critical juncture as the Internet governance debate heats up in 2012. more

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