Featured Blogs

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted. more

Project Explosion in the Email Industry Today…

Funny as it may seem, today there's big news in the email industry -- 2 large internet bodies, 2 projects... Projects Phoenix and Titan, by AOL and Facebook respectively. What are key things to note about each project? Let's look at each in brief detail... more

ICANN’s Two Decades of Evolution

In the fall of 1998, I was present at the first meeting of the ICANN Board which was then made up of very senior, prominent parties from a broad spectrum of sources. Much to her credit, Esther Dyson accepted the position as the first Chair of the ICANN Board for the newly birthed organization. I was in attendance in support of the nomination of Michael Roberts as the first ICANN CEO. It was a time of uncertainty. more

The Hidden Risks of AI Notetakers: Precaution or Paranoia?

As AI notetakers become common in virtual meetings, concerns grow over data privacy, potential misuse, and the risks of unknowingly sharing sensitive corporate information with unseen third parties beyond organizational control. more

The ICANN Accountability End Game

It was predictable, and inevitable, I suppose, that the end game of a search for a more accountable ICANN would devolve to a lawyer's contest. When there is money on the table, and when global politics are invoked to one degree or another, it is the lawyers who are tasked to translate lofty goals into precise words on paper that will survive the inspection of judges and courts. And ambitious politicians as well. more

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

Internet Archive Loses Their CDL Appeal

The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. 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

Domain Name Security Gains Prominence in German-Speaking World

The 2010 Domain Pulse, hosted by SWITCH (the .CH registry) was held in the snowy Swiss city of Luzern. Domain Name Security (DNS) was of particular importance in this year's meeting with DNSSEC being implemented in the root zone in 2010 by ICANN, and by many registries in the next few years. ICANN plan to have all root servers signed with DNSSEC by mid-2010 Kim Davies, Manager, Root Zone Services at ICANN told the meeting, starting with the L root server, then A root server with the last being the J root server as all are gradually signed. more

Cyber Scorecarding Services

Ample evidence exists to underline that shortcomings in a third-parties cybersecurity posture can have an extremely negative effect on the security integrity of the businesses they connect or partner with. Consequently, there's been a continuous and frustrated desire for a couple of decades for some kind of independent verification or scorecard mechanism that can help primary organizations validate and quantify the overall security posture of the businesses they must electronically engage with. 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

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

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

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

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