Featured Blogs

Beware of Extra Fees in UDRP Proceedings

The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more

Data Security: Being Open About Secrecy

It must be tricky to be an advocate of transparency when your job involves selling serious encryption tools to government departments, large and small companies, hospitals and people who are concerned about having their bank account details hijacked from a home PC. After all, the point about good encryption software and the systems that surround it is that they provide a way to keep your secrets secret, while open government and the effective regulation of financial services would seem to require the widest possible dissemination of all sorts of operational data... more

Facebook Is Right to Call the Australian Government Bluff

As mentioned in previous analyses, the way that the Government has approached its battle with the digital giants has been flawed from the beginning. True, its tough stand had made Google pay media companies well above what these companies would have been able to negotiate individually with Google, but the fundamentals of why these battles are taking place are still unchanged. more

Calculating the Return on Investment of Online Brand Protection Projects

In the early days of Online Brand Protection (OBP), before it was commonly understood how damaging to revenue infringements could be, this was an extremely popular topic. I remember delivering webinars on the subject then and even running a couple of half-day in-person workshops for brand owners at major conferences. more

Dealing With the Digital Divide

A political focus on subsidizing telecom infrastructure is just so easy. There are multiple photo opportunities (at the announcement, the cheque presentation and the system activation), happy mayors, happy voters. It gets to be portrayed as economic stimulus, direct job creation and consistent with progress on digital economic development. But while it may feel satisfying politically, I question the effectiveness of continued broad government subsidies based on geography, rather than taking a more focused approach based on need. more

How the Internet On Cable Became the Internet As Cable

When Rogers Communications began promoting its Rogers@Home high-speed Internet service nearly a decade ago, the company branded it "the Internet on Cable." Years later, their service, as well as those of their competitors, is gradually morphing into "the Internet as Cable" as broadcasters, Internet service providers, and cultural groups steadily move toward the delivery of content online that bears a striking resemblance to the conventional cable model. more

Net Neutrality - A Good Step Forward But There Is More to Come

The recent decision taken in the USA makes total sense. It has been ridiculous that the incumbent telecoms operators there could present themselves as ISPs and claim that broadband was a content service rather than telecoms infrastructure - by doing this successfully for 20 years, they have not been subject to a range of telecoms regulations. This in turn has stifled competition, innovation, good quality customer services and the development of fibre optic networks in the USA. more

Fixing Holes

According to press reports, DHS is going to require federal computer contractors to scan for holes and start patching them within 72 hours. Is this feasible? It's certainly a useful goal. It's also extremely likely that it will take some important sites or applications off the air on occasion - patches are sometimes buggy (this is just the latest instance I've noticed), or they break a (typically non-guaranteeed or even accidental) feature that some critical software depends on. more

Understanding the Brazilian Court Decision to Arrest Google’s Representative

Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content. A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated, specially those at the EFF website. more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more

Do-It-Yourself Rural Fiber

Necessity has led Cubans to become do-it yourself (DIY) inventors -- keeping old cars running, building strange, motorized bicycles, etc. They've also created DIY information technology like software, El Paquete Semanal, street nets and WiFi hotspot workarounds. Last June the International Telecommunication Union (ITU) adopted a standard for "low-cost sustainable telecommunications infrastructure for rural communications in developing countries," L.1700. L.1700 cable should be of interest to both DIY technologists and ETECSA. more

The Costs of a Dysfunctional Relationship - Part 1

"The current Board-GAC relationship is dysfunctional and has been so for several years." Never has this line from the ATRT Report seemed so apt as now, when the ICANN board and the GAC are preparing to meet in Brussels. Part 1 of this blog will describe their impasse over the introduction of new generic Top-Level Domains (gTLDs). Part 2 will analyze that impasse and offer recommendations to begin resolving it. more

In Response to CADNA: Cybersquatting is Not Criminal But a Civil Matter

The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter... more

Net Neutrality: What Is Old Is New Again

On July 22, the FCC's open Internet order - which transforms Internet access service from a lightly regulated information service into a heavily regulated telecommunications service - will take effect. This article describes the policies and legal theories underlying the Order and the Order's effect on consumers of Internet services and providers of the service, including a number of entities that had previously escaped FCC regulation. more

5G for Fixed Connectivity in Cuba

ETECSA reports that over 110,100 Cuban households have DSL connectivity using their Nauta Hogar service. There are also shared facilites – 986 WiFi hotspots (127 in Havana) and 347 Navigation Rooms (44 in Havana) with 1,309 computers (304 in Havana). These services are dead-ends on the road to hoped-for "computerization." The Cuban population is around 11 million so, after three years, roughly one person in 100 lives in a Nauta home and the services are limited geographically... more