Featured Blogs

ICANN’s Positive Affirmation: Good News for Africa and Emerging Markets

Sometimes you get what you are asking for. And this seems to be one of those occasions... and the US government can give itself a pat on the back for having listened to other stakeholder opinions. For years the world of Internet governance has been seen as its own special corner of the technosphere, full of arcane acronyms and quiet power deals. Despite efforts to make ICANN and the broader Internet community more transparent and user-friendly, many observers, including many African governments, still saw the stage as too much of an insider's game -- with the ultimate insider being the US Department of Commerce. more

TV White Spaces Just the Beginning: Secondary Use of the Spectrum

Yesterday, the US Federal Communications Commission (FCC) voted to allow qualified devices to operate on a license-exempt basis in unused portions of TV channels 2-51, spectrum commonly referred to as "TV white spaces." A lot has already been written about this move... But what is missing in these discussions is the bigger picture. more

IPv6 and the Browser Wars

IPv6 adoption continues to gain ground at a slow pace. This is to be expected. The complications associated with hardware and software upgrades, as well as the lack of reachable content, means that IPv4 is still king of the hill. To me, this situation seems to mirror one a few years back with web browsers. Sometime around the turn of the century, Internet Explorer became the dominant browser. Riding on a 90% market share for Windows, the incumbent - Netscape Navigator - did not stand a chance. However, with it came a dark age for web developers. more

Is FttH Future-Proof Infrastructure?

Telecoms engineers from all of the major telecoms services and equipment companies around the world agree that FttH is the only future-proof telecommunications technology. So who should we trust - the technology experts or politicians with different agendas? If there had been a division of opinion among these experts it would have been necessary to investigate it; but if they are all in agreement it is safe to follow their advice. more

Dan Kaminsky Releases Phreebird for Easy DNSSEC

Today marks another key step in DNSSEC deployment. Congrats to Dan Kaminsky, chief scientist at Doxpara and one of our partners on the Practice Safe DNS campaign, on the release of his new code Phreebird. Announced today at Black Hat Abu Dhabi, Phreebird Suite 1.0 is a free, easy-to-use toolkit that lets organizations "test-drive" DNSSEC deployment. more

Getting a Handle on IDNs

Internationalized Domain Names or IDNs are back in the news. ICANN recently released a document entitled "Proposed Final Implementation for IDN ccTLD Fast Track Process"... In a nutshell, ICANN has now offered a path toward authorizing the adoption of ccTLDs in many countries' native languages. This marks a welcome advance for millions of Internet users who do not speak English or who do not use another language covered by ASCII. But with this advance comes some concerns. more

Accountability Group Charter Sets the Bar Too Low

In mid-August ICANN staff attempted to impose their own proposal for the process that will determine what overall new ICANN accountability measures should accompany the proposed IANA functions transition -- and thereby replace the restraining and corrective oversight role that the U.S. has played through periodic reevaluation of ICANN performance in conjunction with re-awarding of the IANA contract. In united reaction against that attempt, the ICANN community sent an unprecedented joint letter to CEO Fadi Chehade and the ICANN Board... more

One Good Outcome from the Wall Street Journal: Google Flap

On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article. more

A Little Flexibility from ICANN and We Might Just Get IDNs… for Everyone

Nobody doubts that some time in the near future there will be Internationalized Domain Names (IDNs) in Chinese, Russian or Arabic scripts. The Chinese, Russian and Arabic-character-using worlds are large -- encompassing hundreds of millions of current and potential users. They are politically influential blocs, with the ability to demand action in international meetings. And perhaps most importantly, they are -- at least when taken together -- rich. Everybody knows that access on the web in these languages is not a matter of if, but simply a question of when... more

Undesirable Consequences of Empirical Studies on Cybersquatting

Empirical studies on cyber- and typosquatting (for example, Moore and Edelman's "Measuring the Perpetrators and Funds of Typosquatting") may inadvertently encourage bad behavior. People tend to do what most other people are doing, even when the given act is presented to them as something wrong. more

Comments on Economics Study of ICANN’s New TLDs

ICANN has taken another crack at the question of the economics of launching new top-level domains (TLDs). The first report that the group commissioned on the subject was greeted by a loud and unhappy uproar. Now we have the preliminary draft of a new report, this one by professors Katz, Rosston, and Sullivan. It is insightful and analytic, but the final version needs to consider the theoretical and empirical issues... more

New Domain Conference Coming to South America - Domaining Americas

Veteran domain investor Abner Duarte from PremiumDomains.com.br is featuring a new event called Domaining Americas, to be held in Rio de Janeiro, Brazil, in October 2018. He is puting together a major domain conference for South America. The debut edition of Domaining Americas will be held at the five-star Grand Hyatt Rio De Janiero on Saturday and Sunday, October 6-7, 2018. more

Challenging UDRP Awards in Courts of Competent Jurisdiction

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused of cybersquatting even though registration agreements use the word "mandatory" in the event of third-party claims. The UDRP is mandatory only in the sense that respondents are "obliged by virtue of the [registration] agreement to recognize the validity of a proceeding initiated by a third-party claimant." more

New Geographical Top-Level Domains and Auctions

I was surprised by ICANN's "Economic Case for Auctions in New gTLDs" paper especially with view to the latest presentation on the new generic Top-Level Domain (gTLD) implementation process in Paris. That Paris presentation highlighted the protection of community interests such as religious organisations, geographically based communities or indigenous groups and suggested a preference of bona fide community-based applicants against pure generic applications for the same string. Contrary to this the only text passage in the current paper where ICANN considered the community-based applicants is "a 25% bidding credit could be offered to community-based bidders whose community is located primarily in least-developed countries". This reminds me of the discussion on discounts for HIV medicine... more

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more