Featured Blogs

Openness and Transparency: ICANN Takes an Important Step in the Right Direction

Over the years I have been critical of ICANN's inability on several occasions to match its words on openness, transparency and accountability with its actions. Therefore, it was a very pleasant surprise to see ICANN post the Board briefing documents in connection with two of its last three Board meetings. 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

The Cuba Internet Task Force - a Win for Trump and Castro

President Obama began working on Cuban rapprochement during his 2009 presidential campaign. After over five years of thought and negotiation, the Whitehouse announced a major shift in Cuba policy, which included allowing telecommunications providers "to establish the necessary mechanisms, including infrastructure, in Cuba to provide commercial telecommunications and Internet services, which will improve telecommunications between the United States and Cuba." more

China Isn’t Happy With the IGF

On the final day of a four-day meeting, most government representatives expressed support for renewing the Internet Governance Forum's five-year mandate which ends next year. China did not. Chen Yin, the head of the Chinese delegation to the Internet Governance Forum, said yesterday that the IGF's mandate should not be continued without reforms. 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

The Issue of License Proliferation

When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

The UK Retail Telecom Sector Again Shows Results of Effective Regulation

The UK's regulator has undertaken much commendable work in recent years, which has helped to establish the country's telecom sector as one of the most competitive and vibrant in the world. The regulator stood up to BT's intransigence in the early days of Local Loop Unbundling (LLU), enforcing the creation of BT Openreach in January 2006 to operate as the company's wholesale division. The results have been very impressive... more

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Lies, Damn Lies, and Anti-Spam Vendor Press Releases

There's a lot of chatter about a recent study purporting to show that 29.1% of internet users has bought something from spam. As ITWire reported, "Marshal were not only interested in how many people were purchasing from a spam source, but also what goods and services they were buying. Perhaps less surprisingly this revealed that sex and drugs sell well online." But at downloadsquad, Lee Mathews discovered the shocking truth: "the survey only involved 600 people." more

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress. 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

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. more

The Internet as a Public Utility

I recently attended a workshop on Lessons Learned from 40 Years of the Internet, and the topic of the Internet as a Public Utility in the context of national regulatory frameworks came up. For me, 40 years is just enough time to try and phrase an answer to the big policy question: Has the Internet been a success in the experiment of using market forces to act as an efficient distributor of a public good? Or has it raised more issues than it has addressed? 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