Featured Blogs

Registered Your DMCA Contact Address Yet?

It is not much of an exaggeration to say that the Digital Millenium Copyright Act of 1998 makes the Internet as we know it possible. The DMCA created a safe harbor that protects online service providers from copyright suits so long as they follow the DMCA rules. One of the rules is that the provider has to register with the Copyright Office to designate an agent to whom copyright complaints can be sent. The original process was rather klunky; send in a paper form that they scan into their database, along with a check. more

A Framework for Recent Internet Governance Discussions - From Montevideo Statement to 1net

There have been many significant Internet Governance developments in the last several weeks, and so I'd like to take this moment to provide a framework in which to consider these recent events. For the last several years, the leadership of several recognized Internet organizations (ISOC, ICANN, IAB/IETF, IANA, the 5 Regional Internet Registries (RIRs), and W3C; sometimes referred to as the "Internet technical organizations") have met periodically to promote better coordination between these groups. more

Perhaps It’s Time to Regulate Microsoft as Critical Infrastructure?

My main argument is about the policy of handling vulnerabilities for 6 months without patching (such as the Google attacks 0day apparently was) and the policy of waiting a whole month before patching this very same vulnerability when it first became an in-the-wild 0day exploit (it has now been patched, ahead of schedule). Microsoft is the main proponent of responsible disclosure, and has shown it is a responsible vendor... I simply call on it to stay responsible and amend its faulty and dangerous policies. more

How Domain Data Helps Thwart BEC Fraud

It's true, domain data has many practical uses that individuals and organizations may or may not know about. But most would likely be interested in how it can help combat cyber threats, which have been identified as the greatest risks businesses will face this year. Dubbed as the greatest bane of most organizations today, cybersecurity can actually be enhanced with the help of domain data. How? more

Keeping IT Industry Developments in Context

The announcement that Google's chief executive Eric Schmidt is standing down from the Apple board hardly came as a surprise. Google's Android is already powering smartphones that offer an open alternative to Apple's iPhone, while the recent announcement of plans for Chrome OS, an operating system that will directly challenge Mac OS, makes Google a direct competitor to Apple in its core market... more

Why ‘Open’ May Become the Keyword of the Digital World in 2022?

From open standards and software to data, 'open' has been a defining word of the internet since its early days. However, most of the digital growth around major platforms has been driven by proprietary software and 'closed' systems. Recently, companies such as Microsoft and Google have been shifting towards open-source software more and more. Over the last few years, additional momentum was created with the USA adopting the open-source approach to cope with lagging behind, mainly, Huawei in the development of 5G networks. more

A Record Year for Domain Name Disputes?

With just a little more than three months left in 2016, the number of domain name disputes filed at the World Intellectual Property Organization (WIPO) appears to be headed for a record year. According to public data published on the WIPO website, the current number of domain name disputes filed this year (as of this writing, September 27, 2016) is 2,228 - which would indicate that the total might reach 3,011 cases by December 31. more

Have You Had Your GDPR Training Today?

The suggestion was recently put to the GNSO Council: anyone who becomes a member of a proposed new Expedited Policy Development Process (EPDP) must be able to demonstrate that they have basic knowledge of privacy and data protection. This makes a lot of sense: Would you trust a lawyer who had never been to law school? Or a doctor who had never studied medicine? Of course not. Recently I asked members of our ICANN Community: have you had any GDPR training, classes, or certification? 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

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

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

Once Begun is ONLY Half Done

In the brief history of Internet governance, few initiatives have been greeted with wider support than the recently signed Affirmation of Commitments between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers (ICANN). The praise is well deserved, but now it's time to remind ICANN of the problems that the AOC did not solve, most importantly ICANN's ongoing accountability gap. 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

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

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