Featured Blogs

Dumb When They Want To Be…

David Akin pointed me to this article in the Ottawa Citizen which describes CRTC initiatives aimed at getting the cablecos to pay into a fund that would support, "the creation of high-quality, high-cost, scripted Canadian broadcasting content in the new media." In it, Ken Engelhart, senior vice-president of regulatory [affairs?] for Rogers Corp. is quoted saying... 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

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

Meet the Metaverse

I had already written this blog before Facebook announced it would be hiring at least 10,000 programmers to start moving the company towards the metaverse. I see the metaverse as one of the next big drivers of increased bandwidth usage. Wikipedia defines the metaverse as a collective virtual shared space created by the convergence of virtually enhanced physical reality and physically persistent virtual space, including the sum of all virtual reality worlds, augmented reality, and the Internet. In the most basic sense, the metaverse consists of online worlds where people interact through avatars. more

Muzzled by the United Nations

The Internet Governance Forum is winding down today in Sharm El Sheikh, Egypt. There have been a lot of very constructive conversations in workshops and panels over the past four days about how to advance security, privacy, child protection, AND human rights and free expression on the Internet. Unfortunately, the biggest headline coming out of the forum so far has been an incident on Sunday... 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

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

The Next New Media: Typewriters and Handwritten Letters

Who would have thought that typewriters and handwritten letters would ever be back in fashion? But back in 2013 it was reported that Russia was buying large quantities of typewriters. When this was further investigated the country denied that this was for security reasons. Since the Snowden revelations there has been a further rush on typewriters, both by government officials and by a range of, mainly corporate, businesses. 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

A Cancerous Computer Fraud and Misuse Act

As I read through multiple postings covering the proposed Computer Fraud and Misuse Act, such as the ever-insightful writing of Rob Graham in his Obama's War on Hackers or the EFF's analysis, and the deluge of Facebook discussion threads where dozens of my security-minded friends shriek at the damage passing such an act would bring to our industry, I can't but help myself think that surely it's an early April Fools joke. more

Part 2: Let’s Have an Honest Conversation About Huawei

In the first section of this piece, I argued that the anti-Huawei litany only makes sense when one realizes that it is the Chinese state, not a global telecommunication equipment manufacturer based in China, is the target of this attack. China, in this view, is an integrated monolith, and any Chinese firm can be ordered to do the government's will without any legal, political, or economic checks and balances. more

A Sigh of Relief for Brand Owners ...Not So .Fast

All indications from the ICANN meetings in Seoul are that significant delays for the release of new gTLDs (Generic Top Level Domains) are expected. According to Rod Beckstrom, ICANN's CEO, new gTLDs will be made available when, "we've adequately addressed the important issues that are on the table." These important issues include efforts to address malicious conduct, root scaling, economic analysis, trademark protections, and vertical separation as related to the new gTLDs. 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