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Trusted Notifier Arrangements Require Trust: Why Unpacking Misunderstandings Around Trusted Notifiers Is Important for Dealing With DNS-related Abuse

Domain Name System (DNS) Operators (Registries and Registrars) receive notices asking them to take action on a wide range of alleged technical and content-related abuses. However, there is a fundamental question of when it is appropriate to act at the DNS level and the evaluation of whether the alleged abuse meets a sufficient threshold for action at the DNS level. Additionally, given the volume of abuses occurring on the internet, existing resources, mechanisms, and protocols available in-house to Operators are in many cases insufficient to address abuses in a timely fashion. more

Navigating the .brand Delegation Process

Today marks a major milestone for .brand Top-Level Domain applicants, as we pass the deadline set by ICANN for them to sign their Registry Agreement (RA). For those who have knuckled down over the last few weeks and months to meet this deadline, congratulations -- for many, this was no mean feat and the effort should be acknowledged. more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Does the Internet Need “Governance”?

It's remarkable to me that there are now two powerful agencies fighting to "govern" the Internet -- the ITU and the FCC. On any given day, it's hard to tell whether they are on the same side or different sides. The ITU process apparently began in earnest with the World Summit for the Information Society (WSIS) meetings, where the concept of "Internet Governance" became an urgent goal. The FCC process began when incumbent Internet Access Providers (IAPs) argued that "Net Neutrality" was a stalking horse for government control... more

Australian Farms Get Connected to the Starlink Satellites

Last year, I reported on the possibility that LEO (Low Earth Orbit) satellite-based systems might be a gamechanger for the delivery of high-speed data services, including internet access, to people in regional and remote Australia. What has become clear with the rollout of the NBN is that the quality of data connections in metropolitan cities in many cases has improved, but that the rest of Australia doesn't have a similar experience. more

The Early History of Usenet, Part V: Authentication and Norms

We knew that Usenet needed some sort of management system, and we knew that that would require some sort of authentication, for users, sites, and perhaps posts. We didn't add any, though -- and why we didn't is an interesting story. The obvious solution was something involving public key cryptography, which we (the original developers of the protocol: Tom Truscott, the late Jim Ellis, and myself) knew about: all good geeks at the time had seen Martin Gardner's "Mathematical Games" column... more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

IGF 2015: Running in Place

The Internet Governance Forum, held this year in the Brazilian beach resort town of João Pessoa, completed its 10th annual meeting Friday November 13. The IGF Secretariat claims that nearly 5,000 people attended. Moreover, it looks as if its existence will be continued for another 10 years when the UN meets in New York later this year. Vint Cerf declared it "the best IGF ever" in the closing open microphone session. But how good is "best?" more

Pricing & Promotions of TLDs - Is Your Billing System Holding You Back?

As the leading consulting firm to the Domain Name industry, we work with many of the existing gTLDs, ccTLDs and new gTLDs. During our engagements we do a lot of listening (as well as work) and this gives us a unique perspective on the key challenges the industry is facing. Recently, we are hearing feedback from many leading registries and registrars about their need for more dynamic pricing and promotions and their concern that there may not be enough flexibility in their billing systems to speedily handle their promotion plans. more

Even a Pandemic Isn’t Enough

The most incredible thing about the dot-org sale is no longer the billion-dollar price tag. It's not surprise fait-accompli announcement. It's not the republican billionaires. It's that the proponents have continued to advocate for it in the midst of the worst crisis the world has faced since the second world war. The biggest crisis in almost a hundred years. One that will reverberate for generations. more

The IANA Transition’s Terrible, Horrible, No Good, Very Bad Day

Thursday, September 8, 2016 was a terrible, horrible, no good, very bad day for the prospects of the IANA functions transition being completed by October 1, 2016. Indeed, that same date - but in 2017 - may be the earliest that the handoff from NTIA to ICANN can be completed, given what last Thursday. The day began with the announcement that Sen. Ted Cruz would be making his first Senate floor remarks since exiting the Republican Presidential race, and that the talk's focus would be a continuation and escalation of his long-standing opposition to "Obama's Internet giveaway". Shortly after 11 am, Sen. Cruz began speaking from his Senate desk... more

DNS Complexity Lessons

Recently, Bert Hubert wrote of a growing problem in the networking world: the complexity of DNS. We have two systems we all use in the Internet, DNS and BGP. Both of these systems appear to be able to handle anything we can throw at them and "keep on ticking." But how far can we drive the complexity of these systems before they ultimately fail? Bert posted a chart on the APNIC blog to illustrate the problem. more

Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names

The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in respondent's favor. The third circumstance is "you are making a legitimate noncommercial or fair use of the domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue." more

The Lean and Antifragile Data Centre

Cloud is a new technology domain, and data centre engineering is still a developing discipline. I have interviewed a top expert in cloud infrastructure, Pete Cladingbowl. He has a vision of the 'lean' data centre and a better kind of Internet for users to reach it. He also has a roadmap for how these can be practically realised. The key is to apply established theories of value flow from more mature industries. more

Over $1 Billion in Payments Made on Venmo in January 2016

I was fascinated to read today that over $1 billion (USD) in payments were made on Venmo in January 2016. What is Venmo, you might ask? Essentially it is a mobile app (on both iOS and Android) that provides an easy payment system, in many ways like a "digital wallet" where you can securely reach in and pull out some cash to give to someone... more

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