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
As an email policy wonk, I think a lot about how specific policy implementations can go wrong. Sure, every policy can go wrong, or not fit a common case. A lot of people only write polices that address common cases and don't worry about the rarer cases. The problem is there are some rare cases that may cause significant harm and those cases should be addressed. Consumerist has a case up about email policy gone wrong with a clear path to harm but no policy for handling the issue. There are a couple places I see where this policy hole can be fixed. more
ICANN will hold the first Root Zone DNSSEC KSK Ceremony on Wednesday 2010-06-16 in Culpeper, VA, USA. ... Attendance within the key ceremony room itself will be limited to just those with an operational requirement to execute the ceremony. However, since this event has generated significant interest, we have made additional space available in an adjacent room for observers who wish to attend the event. more
Do human rights come into the picture when technology and policy work are involved? If so, where? This is a question that has come up multiple times during the last dozen years, and occasionally even before, in Internet Governance discussions. These discussions have included debates on whether human rights were specifically applicable to protocol design or to the organizations developing protocol standards. more
There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more
Since last fall, several waves of distributed denial of service (DDoS) attacks have targeted major players in the U.S. banking industry. JPMorgan Chase, Wells Fargo and PNC were among the first to sustain intermittent damage. Eventually, the top 50 institutions found themselves in the crosshairs... In the months to come, security experts would praise the banks' collective response, from heightened DDoS protection to candid customer communications.. these larger institutions have learned some painful lessons that smaller firms might heed as they seek to minimize risks. more
For many industry participants, the timing around opening the next round of new Top-Level Domain applications has been frustrating, to say the least. However, with the recent ICANN Marrakech meeting now complete, we thought it timely to provide an update for those who may be interested to apply in the next round or for those merely following the journey. more
This morning M3AAWG announced the creation of the J.D. Falk award to recognize and honor people like J.D. who work to make the Internet safer for all users... J.D. was a legend in the abuse prevention world when I first started learning about spam and abuse prevention back in the late 90's. more
There are a lot of theories flying around about why Twitter and other social media services got knocked offline yesterday. I've heard rumors about it being linked to political tension between Georgia and Russia. Others blame Iran for the outages. I'm not a political commentator, therefore I cannot comment on anyone's political views -- but I have some logic and common sense, and I can draw some objective conclusions. more
As I have blogged over the years, I have to give kudos to the folks at the big ISPs who have steadily provided controversial quotes that are worth writing about. The latest comes in an article by Linda Hardest at FierceTelecom. She quotes Charter's CEO Tom Rutledge talking about comparing cable broadband to fiber. She quotes Rutledge as saying... more
On the 25th of September, the northern autonomous region of Iraq known as Kurdistan voted to become an independent country. This vote has led to a current standoff between the central Iraqi government and the Kurdish Regional Government (KRG), with the Kurds threatening to cut off internet service into Iraq in retaliation for any punitive measures inflicted by Baghdad on the KRG. The following analysis was written by Doug Madory of Oracle Dyn after ISIS took control of Mosul, Iraq in 2014. It describes how the internet of Iraq came to be dependent on international connections through telecoms based in Kurdistan. more
Two events that happened last month deserve an additional note. One is the ICANN57 conference held in Hyderabad on November 3-9. The other is the 3rd World Internet Conference Wuzhen Summit held in Zhejiang Province on November 16-18. Though being completely overwhelmed by the result of President election in the United States, both events mark the victory of non-state actors and serve as good news for the community. more
Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission. more
This past Saturday, a self-professed neo-Nazi massacred eleven worshipers at synagogue services in Pittsburgh. The killer was reported to have lived on and was incented by an "Over the Top (OTT)" service purposely established to facilitate extremist activities known as Gab. Within hours, the cloud service providers hosting their services announced they would no longer provide hosting services. Presumably, the threat of both potential civil litigation liability among other penalties, as well as adverse publicity, provided the motivation. more
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
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