Featured Blogs

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more

‘Beyond the Scope’ of the UDRP

Not all domain name disputes are appropriate for resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP). While the UDRP is clearly the "go-to" legal tool for trademark owners pursuing cybersquatters, some disputes are about larger -- or different -- issues than the UDRP was designed to address. As stated in WIPO's Overview: Depending on the facts and circumstances of a particular case, and irrespective of whether the parties may also be engaged in court litigation... more

Problems With the Burr-Feinstein Bill

What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside -- I and my co-authors have written on those before -- this bill has many other disturbing features. (Note: I've heard a rumor that this is an old version. If so, I'll update this post as necessary when something is actually introduced.) One of the more amazing oddities is that the bill's definition of "communications" (page 6, line 10) includes "oral communication", as defined in 18 USC 2510. more

Google Instant - Great for Top Internet Brands

In late September Google introduced Google Instant, an auto-complete algorithm that assists users in searching with greater speed. Google's new service predicts search queries in real time, can catch a mistake if the user mistyped and guides users to previously performed searches. This new service greatly benefits top brands on the Internet and those that have purchased key words and ad words; while it might not be as beneficial for companies with low website traffic or those that are not well known. more

First Four TLDs Pass Pre-Delegation Testing

The first four new Top Level Domains (TLDs) have passed pre-delegation testing. Historically, it has taken most companies about 9 months after the Registry Agreement is signed before domain names go on sale to the general public. The four TLDs signed Registry agreements in April 2013. These TLDs may begin to sell domain names to the public as early as December 2013 or January 2014. more

Strengthening Caribbean Internet Capacity to Support Local Online Services

The Caribbean needs more robust infrastructure to support the delivery of local online services during the COVID-19 pandemic and for crises to come. Public health and safety mandates, from social distancing and quarantines to stay-at-home orders and curfews, have confined an estimated one billion persons to their homes globally. The sudden restrictions on social movement have created a reliance on the Internet and technology-enabled services. This should come as no surprise. more

Where Should the Telcos Jump Next?

With declining revenues now across all of the major revenue segments -- something in the order of $25 billion worldwide -- it is 2 minutes to 12 and the industry needs to act. Unlike previous situations, this time there is no large money-spinner around the corner for the telcos, such as we saw in previous situations when broadband and mobile came to the rescue. more

Is Today the Beginning of the End of Net Neutrality?

Today, May 15, 2014 a vote will be taken at the FCC. Today the Internet we know can change forever. Today at 10:30 am EST the FCC meets to vote on the issue on whether or not allow the collection of special rates to provide certain services through the Internet for those who can afford it. A "faster lane" has been called... Who will pay for the use of this improved infrastructure? more

Telecoms Infrastructure As a Service

More than a decade ago we predicted that the telecoms industry would be transformed, driven by its own innovations and technological developments. As a result we indicated that in many situations the telecommunications infrastructure would be offered as a service by hardware providers. We also predicted that this would open the way for a better sharing of the infrastructure. more

The Impact of a Pandemic on Cyberattacks and Business Continuity Plans

A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more

The Value of Community Broadband

There are many voices calling for increased initiatives by municipalities to build and operate broadband internet infrastructure as a public utility, but until this week, very little in the way of economic analysis to fully examine whether the benefits justify the costs. A paper released this week finds that local efforts produce small economic benefits, but cause a notable increase in the size of local government. more

The Upload Speed Lie

In the 2020 Broadband Deployment Report, the FCC made the following claim. "The vast majority of Americans -- surpassing 85% -- now have access to fixed terrestrial broadband service at 250/25 Mbps". The FCC makes this claim based upon the data provided to it by the country's ISPs on Form 477. We know the data reported by the ISPs is badly flawed in the over-reporting of download speeds. Still, we've paid little attention to the second number. more

Speed Isn’t Everything: The Other Metrics That Matter in Broadband

The marketing area of the broadband industry spends a lot of time convincing folks that the most important part of a broadband product is download speed. This makes sense if fiber and cable are competing in a market against slower technologies. But it seems like most advertising about speed is to convince existing customers to upgrade to faster speeds. While download speed is performance, the industry doesn't spend much time talking about the other important attributes of broadband. more

Title II and ICANN

Many voices are hailing February 26th as a watershed day in the history of the Internet in the United States. After a year of loud argument, frequent misrepresentations, and epic flows of political contributions, the FCC has restored the open Internet rules which prevailed from 2010 until struck down in a court ruling last year. And it has done so with new reliance on existing provisions of U.S. telecom law which it believes will pass judicial scrutiny. more

EU Telecom Overhaul One Step Closer

Europe's electronic communications sector is currently governed by directives adopted in 2002. These stipulated that the directives and regulatory framework should be reviewed, a processed initialised in November 2007. Both the European Council and the European Parliament need to adopt the proposed changes, and none of the initial consultations conducted by the EC indicated that a major overhaul was on the cards, or even required. Yet this is what has transpired. more