The Silicon Flatirons Conference on Regulating Computing and Code is taking place in Boulder. The annual conference addresses a range of issues at the intersection of technology and policy and provides an excellent look ahead to the tech policy issues on the horizon, particularly in telecommunications. I was looking forward to yesterday's panel on "The Triumph of Software and Software-Defined Networks", which had some good discussion on the ongoing problem surrounding security and privacy of the Internet of Things (IoT)... more
Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more
The release of the Tillerson letter to the House Committee on Foreign Affairs describes the State Department's new "Cyber Bureau" together with its "primary lines of effort." The proposal is said to be designed to "lead high-level diplomatic engagements around the world." Two of those "efforts" deserve special note and provide an entirely new spin on the affectionate local term for the Department -- Foggy Bottom. more
These days in Washington, even the most absurd proposals become the new normal. The announcement yesterday of a new U.S. State Department Cyberspace Bureau is yet another example of setting the nation up as an isolated, belligerent actor on the world stage. In some ways, the reorganization almost seems like a companion to last week's proposal to take over the nation's 5G infrastructure. Most disturbingly, it transforms U.S. diplomacy assets from multilateral cooperation to becoming the world's bilateral cyber-bully nation. more
Cryptocurrencies (such as Bitcoin) are all the rage -- so, naturally, related domain name disputes are, too. The wild fluctuations in cryptocurrency prices (Bitcoin hit a low of close to $6,000 this week, after reaching an all-time high of more than $19,000 only two months ago, and less than $1,000 a year ago) have attracted speculators, regulators and now even cybersquatters. more
With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more
It is interesting to observe the changes in the telecommunications environment over the last few decades. Before videotex (the predecessor of the internet) arrived in the late 1970s early 1980s, 90% of telecommunications revolved around telephone calls. And at that time telephony was still a luxury for many, as making calls were expensive. I remember that in 1972 a telephone call between London and Amsterdam cost one pound per minute. Local telephone calls were timed... more
Earlier today ICANN held a webinar to provide an update on their data privacy activities in relation to whois and GDPR. Rather than simply talking about the various "models" they produced both a visual mapping as well as a matrix. While some attendees may not agree with how all the models are classified it is still a helpful way of showing the deviations from the current fully public whois model for gTLD domain name registrations. more
The defining of rights in the UDRP process is precisely what WIPO and ICANN contemplated, but it is unlikely they foresaw the destination of the jurisprudence. Since its inception, UDRP Panels have adjudicated over 75,000 disputes, some involving multiple domain names. (These numbers, incidentally, are a tiny fraction of the number of registered domain names in legacy and new top-level domains, which exceeded 320 million in the first quarter 2017). more
The way the Internet operates drove a wedge between strings of lexical and numeric characters used as marks and alphanumeric strings used as addresses. Domain names were described by Steve Forbes in a 2007 press release as virtual real estate. It is, he said, analogous to the market in real property: "Internet traffic and domains are the prime real estate of the 21st century." more
The Caribbean suffered six major storms in 2017, including the record-breaking Category 5 hurricanes Irma and Maria. In the unprecedented destruction, the islands of Dominica and Barbuda lost all communication and telecommunications service, and eight other Caribbean countries were severely disrupted. Each hurricane season wreaks greater devastation than the last, yet decreased telecommunications competition, inadequate regulation, and high national debt burdens in the region yield ever-diminishing infrastructural investment. more
Unicode's goal, which it meets quite well, is that whatever text you want to represent in whatever language, dead or alive, Unicode can represent the characters or symbols it uses. Any computer with a set of Unicode typefaces and suitable layout software can display that text. In effect, Unicode is primarily a typesetting language. Over in the domain name system, we also use Unicode to represent non-ASCII identifiers. That turns out to be a problem because an identifier needs a unique form, something that doesn't matter for typesetting. more
To put it bluntly, the proposal cited in Axios story on "Trump team considers nationalizing 5G network" doesn't make sense on a number of levels. The real danger comes if this indeed represents the NSC's failure to understand Internet style connectivity. The proposal may just be the work of an NSC staffer who accepted all the 5G hype as if it were real. I credit the Axios article for having some skepticism... more
President Obama began working on Cuban rapprochement during his 2009 presidential campaign. After over five years of thought and negotiation, the Whitehouse announced a major shift in Cuba policy, which included allowing telecommunications providers "to establish the necessary mechanisms, including infrastructure, in Cuba to provide commercial telecommunications and Internet services, which will improve telecommunications between the United States and Cuba." more
Before the Internet, the sole competition for strings of characters employable as marks was other businesses vying to use the same strings for their own products and services. National registries solved this competition by allowing businesses in different channels of commerce to register the same strings but prohibiting competitors in the same industries from using identical or confusingly similar marks on the grounds that they were likely (at best) to create confusion and (at worst) to deceive the public. more
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