Featured Blogs

Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

Global Surveillance: Towards Convergence?

Built for the most part during the Cold War, surveillance systems on a global scale were considered a vital necessity with the onset of nuclear weapons, if only to keep Mutually Assured Destruction at bay. Today, these systems are also used for domestic surveillance and universal data harvesting, including on one's own citizens. Should we still consider these systems with the same reverence as if we were, say, in the midst of some Cuban Missile Crisis? more

Brand Protection Beyond the “Whack-a-Mole” Approach

I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more

More on Private Auctions for New gTLDs

My recent post on private auctions for new gTLDs under contention generated many responses from applicants. Here I follow-up with answers to the questions raised... Many, but certainly not all, applicants have a strong motivation to participate in a private auction. This incentive is especially strong for domains for which the community, geographic, and other factors are not compelling. more

Likely and Behind the Scenes Changes at the FCC

It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily predict that the new FCC will largely undo what has transpired in previous years. However, that conclusion warrants greater calibration. more

8 Domains, $9.65M: Second Applicant Auction a Success

We at Innovative Auctions were happy to see the successful completion of the second Applicant Auction earlier today. Winners will pay a total of $9,651,000 to resolve contention for eight new generic top-level domains (gTLDs). The winners for the eight contention sets included in this week's auction were... more

Providers Eye OTT Content at The Independent Show 2013

The future of broadband was the main focus of The Independent Show 2013. In particular, the event highlighted how the convergence of video, phone, Internet, and wireless broadband is shaping the industry. As with previous years, the show focused strongly on the programming community and there was no shortage of new, emerging programming to keep attendees interested. One of the breakout sessions focused on the growth of high-quality over-the-top (OTT) content distribution and how NCTC members could take advantage of this trend to target subscribers drifting away from traditional cable. more

Persistent Threat Detection on a Budget

If there's one simple - high impact - thing you could do to quickly check whether your network has been taken over by a criminal entity, or uncover whether some nefarious character is rummaging through your organizations most sensitive intellectual property out of business hours, what would it be? In a nutshell, I'd look to my DNS logs. It's staggering to me how few security teams have gotten wise to regularly interrogating the logs from their recursive DNS servers. more

Why Domain Security Is Your First Line of Defense to Mitigate Phishing Attacks

According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks, including ransomware and business email compromise, begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't protect against the most common phishing attacks. Established research shows that phishing attacks most commonly occur from a maliciously registered, confusingly similar domain name, a compromised or hijacked legitimate domain name, or via email header spoofing. more

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

Lies, Damn Lies, and Selective Statistics About Our Great Wireless Marketplace Thanks to the T-Mobile

In the February 13th edition of the Wall Street Journal, Professor Thomas W. Hazlett offers a breathless endorsement of market concentration with the T-Mobile acquisition of Sprint, his go-to example. Apparently, mergers and acquisitions benefit consumers because they enhance competition and generate all sorts of positive outcomes that could not possibly have occurred but for the reduction in the number of industry players. more

The Internet in Cuba - a Periodismo de Barrio Anthology

Periodismo de Barrio has edited a collection of 13 articles on the Cuban Internet in collaboration with the Internet Policy Observatory at the University of Pennsylvania. The articles cover the history of the Cuban Internet, the legal framework, services, communities, and projects. It is a diverse collection -- something for everyone. Here are thumbnail summaries of each article. more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

In Response to ‘Networking Vendors Are Only Good for the Free Lunch’

I ran into an article over at the Register this week which painted the entire networking industry, from vendors to standards bodies, with a rather broad brush. While there are true bits and pieces in the piece, some balance seems to be in order. The article recaps a presentation by Peyton Koran at Electronic Arts (I suspect the Register spiced things up a little for effect); the line of argument seems to run something like this... more

Revised Top Level Domain Law in Sweden?

On March 31, Swedish regulatory overview office, Post and Telecom Authority published a 54 pages report on revision of the Swedish Top-Level Domain (TLD) law for internet. The report contains proposals for revision of policy and Swedish law regulating top level domains. This is not a surprise. The issue has been simmering for ten years, at least. However, with increasing dependency of information society, public regulators are increasingly inclined to revise public regulation in the area. more