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Why Getting Awards Wrong Undermines the Integrity of the UDRP

The integrity of any legal system depends on the quality of mind of those appointed to administer it. There are expectations that the one judging the facts and applying the law knows what the facts are and what law to apply. Panels appointed to adjudicate disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) are not held to any lower standard than the judges of courts of competent jurisdiction. more

Skype: When Good Press Releases Go Bad

Burton Group issued a press release last week announcing the conclusions of my recent report on Skype. I thought the release clearly stated our conclusions on Skype, which essentially were that there are indeed security and management concerns that enterprises ought to be aware of, but that those risks may be outweighed by the business benefits offered by the use of the application, and that enterprises must carefully weigh risk vs. reward when evaluating Skype usage. more

Human Rights and the Digital Domain Primer - Part 4

The digital domain encompasses the different spaces and spheres we use to relate and interact with the people and things that surround us using digital technologies. The Universal Declaration of Human Rights, UDHR, as the globally accepted standard, should serve us as the guiding light when it comes to striking the delicate balance between our rights and responsibilities on and off-line. more

The Future of Internet Governance? Comments on IGF 2018 Speech by French President Emmanuel Macron

Macron has declared the Internet to be under threat. Without stepping back to question and explore the underlying causes of those threats, he uses them as a justification to propose a different approach to, albeit limited, current Internet Governance processes. Here we explore his proposals and some of the issues they generate. He acknowledges that Civil Society and the private sector have been core drivers in the creation of the Internet. He argues that its benefits and existence are endangered by predatory practices. more

State of Broadband Infrastructure: Lagging or Leading?

I have found a disturbing lack of context in respect of some reports examining the state of Canada's telecommunications industry, especially those that have cited various OECD studies released over the past few months. It has become increasingly clear that the OECD's analysis is flawed. The failure by so many to analyse the data appears to confirm what President Barack Obama said recently in a newspaper interview... more

White Space in the Great White North

There is growing interest in the US for the FCC to look at White Space to enable more options for broadband wireless in rural areas. What is White Space? Last weekend, the Sunday NY Times published an article about wireless services that included this description: "In many areas, not all broadcast [television] channels are in use. The unused channels are "white spaces" of high-quality spectrum that could be made available to local Internet service providers. Unlike the much higher frequency of Wi-Fi, television broadcast frequencies can travel for miles and penetrate walls, providing a much broader range for Internet service." There is a coalition of eight technology companies driving the discussion in the US... more

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more

What COVID-19 Means for Network Security

The COVID-19 Pandemic is causing huge social and financial shifts, but so far, its impact on network security has gone under-reported. Yet with thousands of companies worldwide requiring millions of employees to work remotely, network administrators are seeing unprecedented changes in the ways that clients are using their networks and new threats that seek to leverage the current crisis. more

Do-It-Yourself Rural Fiber

I doubt that any elementary school in the US has fiber to the premises, but, in 2013, an elementary school in rural Bhutan was connected to the Internet using optical fiber in the "last mile." They were able to connect the school because the cabling they used, metal-packed armored cable (M-PAC), which is modeled on undersea cables, does not have to be in a protective duct. It is 4mm in diameter, light and flexible, so it can be installed by supervised volunteers or unskilled workers.
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Are Apps a Passing Phase?

At NetHui last week one of the most interesting sessions was "Is there an app for that?". The issue was that while apps can be easy to use, they are little walled gardens within an app store which is another level of walled garden. The Apple app store or Google play makes it easy to find apps, but it also means that you're limited to apps that your environment's corporate overlords approve and in Apple's case, charge to include. more

The International Space Station’s Canadian Music Video Collaboration - and Google+ Hangout

As much as we talk here about the inner workings of the Internet's infrastructure, there are times when you have to just sit back and look at how incredibly cool some of the things are that are enabled by the Internet. For example, last week I was delighted to stumble across this excellent music video collaboration between the International Space Station's Canadian commander Chris Hadfield, the Canadian band Barenaked Ladies along with a Canadian student choir. more

Why R&E Networks Should Be Aware of the CDN Interconnect Initiative (CDNI)

At the recent IETF meeting there has been considerable discussion about interconnection of Content Delivery Networks. A lot of this is being driven unfortunately by the incumbent telco/cableco's who never understood CDN in the first place, and now want to assert control over this critical new Internet architecture, much in the same way that they want to take control over open WiFi hot spots as part of an integration strategy with their 3G/4G networks. more

Comment on the Kleiman/Komaitis Proposal on Multiple IP Clearinghouses for the New gTLD Process

I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more

The Incredible Leakyness of Commercial Mailers (Cont’d)

Last week I blogged about the way that lots of otherwise legitimate companies leak e-mail addresses to spammers. Here's a few more thoughts. One person asked how I knew that these were leaks, and not dictionary attacks, since the addresses I use are fairly obvious, the name of an often well known company @ my domain. It's a reasonable question, but the answer is simple... more

The Issue of Market-Initiated Competition in Telecoms

Many political discussions are taking place all over the world about how to best stimulate national or provincial telecommunications infrastructure investments against the background of current market dynamics. In this context the question often revolves around whether there is a market failure and, if so, does the government have a role to play here to address the matter, or can it be left for the market to sort out. more

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