Featured Blogs

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

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

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

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

The State of RPKI as We Enter 2022

Resource Public Key Infrastructure (RPKI) is a method to secure internet routing traffic by cryptographically verifying routes. As we begin 2022, we look back at 2021 and see how the year saw another significant step towards its adoption. High-profile issues with the old trust-based model of Border Gateway Protocol, designed several decades ago, have shown the continued importance of protecting popular networks from mistakes or hackers. 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

Back to the Future for Broadband in America

With countries like Australia and New Zealand implementing infrastructure that can deliver 100Mb/s for their next generation broadband -- and with most Europeans not too far behind this -- it is quite shocking to see that the $7.2 billion economic stimulus package in the USA (under the RUS Broadband Initiatives Program (BIP) and the NTIA Broadband Technology Opportunities Program (BTOP)) requires nothing more than 768 kilobits per second (kb/s) downstream and 200 kb/s upstream. more

Internet Access and the Missing Institutional Design

It's Friday, a day to tie some threads together. There were three announcements/events this week that are connected in a non-obvious way... These three elements go together in creating a picture of US policy towards Internet access at the beginning of 2008. Rather than seeing the Internet as an engine for economic growth, creativity, innovation, and new jobs -- and as the converged communications medium for the next generation -- current policy is to wait for private companies to decide when investment in access makes sense for them. Those private companies have plenty of incentives to shape access to suit their own business plans. 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

SpaceX Applies for a Constellation Re-Design and Announces Beta Test Dates

This week SpaceX petitioned the FCC to reconfigure their Starlink constellation and Elon Musk outlined their beta testing plan. As shown below, the most significant configuration change is reducing the altitude of four of the five groups of orbital planes by around 50%. The total number of satellites and the number orbiting at a 53-degree inclination, which gives good coverage over relatively affluent regions, are not changed very much. more

Br’AI’ve New World - Part 1: Brand Protection ‘Clustering’ as a Candidate Task for the Application of AI Capabilities

As counterfeit networks grow more elusive, AI-driven clustering could revolutionize brand protection. By linking disparate findings, identifying serial infringers, and enabling bulk enforcement, AI offers a smarter approach to monitoring and takedown efforts. Yet, challenges remain - from data reliability to analyzing complex content. Companies that master AI-driven clustering may gain a significant advantage in the fight against brand abuse. more

Why I Wrote ‘Thinking Security’

I have a new book out, Thinking Security: Stopping Next Year's Hackers. There are lots of security books out there today; why did I think another was needed? Two wellsprings nourished my muse. (The desire for that sort of poetic imagery was not among them.) The first was a deep-rooted dissatisfaction with common security advice. This common "wisdom" -- I use the word advisedly -- often seemed to be outdated. Yes, it was the distillation of years of conventional wisdom, but that was precisely the problem: the world has changed; the advice hasn't. more

ICANN CSG and NCSG Make Progress at ICANN81

The Commercial Stakeholder Group and Non-Commercial Stakeholder Group (together, the Non-Contracted Party House, or NCPH) met for a daylong Day 0 session on 8 November 2024, immediately prior to the opening of the ICANN81 meeting in Istanbul. This meeting follows one of a similar nature conducted prior to ICANN78 in Hamburg, which was the first joint NCPH meeting following the pandemic. more

Improvements in Undersea Fiber

We often forget that a lot of things we do on the web rely on broadband traffic that passes through undersea cables. Any web traffic from overseas gets to the US through one of the many underwater fiber routes. Like with all fiber technologies, the engineers and vendors have regularly been making improvements. The technology involved in undersea cables is quite different than what is used for terrestrial fibers. A long fiber route includes repeater sites where the light signal is refreshed. Without repeaters, the average fiber light signal will die within about sixty miles. more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more