Limitations, Delays, and Laches as Defenses in Cybersquatting Claims

In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more

DNSSEC and DNS over TLS

The APNIC Blog has recently published a very interesting article by Willem Toorop of NLnet Labs on the relationship between Security Extensions for the DNS (DNSSEC) and DNS over Transport Layer Security. Willem is probably being deliberately provocative in claiming that "DoT could realistically become a viable replacement for DNSSEC." If provoking a reaction was indeed Willem's intention, then he has succeeded for me, as it has prompted this reaction. more

Trump’s Outrageous ITU Elections Gambit

Every four years, the 168-year-old, Geneva-based treaty organization that provides the legal basis for worldwide network communications, radio spectrum management, and satellite placements holds a "plenipotentiary" conference among its 193 sovereign nation members. The next plenipotentiary begins on 29 October for three weeks. In addition to potentially altering treaty provisions and resolutions, and constituting its Council as an interim governing body, it elects 17 individuals to its five permanent bodies... more

New gTLDs: Are You Rich?

Did you know about these new domain name extensions which focus on wellness, wealth and ego? Well, I listed them and there is an interesting one... which really is unique... Many want to be famous and some industries should have a look at this list of extensions since they are keywords dedicated to very powerful industries: Gold and Diamonds, for example, have their own new gTLD for domain names ending in ".gold" and ".diamonds". more

Cuba Testing 3G Internet Access

ETECSA, Cuba's monopoly ISP, has been running free tests of their forthcoming mobile access. It seems that the latest test is over for now, but Andy Garcia (@Dancuba96) ran a speed test before it ended... ETECSA has not announced when commercial 3G service will commence, where it will be available at first and what it will cost, but the following image at the start of the @ETECSA_Cuba Twitter page suggests that service will begin soon they are serious about mobile #Internet access. more

How Big Is the Domain Business?

When you're standing close to ICANN, the domain business may seem pretty big, but when you stand farther away, not so much. Verisign's revenues are about $1 billion/year. The .COM and .NET top-level domains together have about 150M names. The next biggest gTLDS are .ORG with 25M and .INFO with 12M. The biggest new TLDs are TOP with 2.9M and .XYZ with 1.8M, with both bloated by firesale prices. The rest are smaller, mostly much smaller. 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

Why Foldering Adds Very Little Security

I keep hearing stories of people using "foldering" for covert communications. Foldering is the process of composing a message for another party, but instead of sending it as an email, you leave it in the Drafts folder. The other party then logs in to the same email account and reads the message; they can then reply via the same technique. Foldering has been used for a long time, most famously by then-CIA director David Petraeus and his biographer/lover Paula Broadwell. Why is foldering used? more

ARIN Elects First Board Member from the Caribbean

Regenie Fräser, the former Secretary General of a regional trade association, has been selected to serve a one-year term on the board of trustees of the American Registry of Internet Numbers (ARIN). Fraser's appointment makes her the first person from the Caribbean and the first non-white person to serve on the ARIN board. ARIN is one of five registries worldwide that coordinate Internet number resources. more

FCC Commissioner O’Rielly’s Appalling Op-Ed on the ITU

The FCC Commissioner Michael O'Reilly's recently contributed opinion on the ITU in "The Hill" is beyond bizarre. It also sadly displays an appalling lack of knowledge of the organization and its history. I find it disturbing - as someone who held senior positions at both the FCC and the ITU and wrote the organization's history - how fundamentally ignorant an FCC Commissioner could be today of the global telecommunications ecosystem. more