Loose Lips

When I was in the military, we were constantly drilled about the problem of Essential Elements of Friendly Information, or EEFIs. What are EEFis? If an adversary can cast a wide net of surveillance, they can often find multiple clues about what you are planning to do or who is making which decisions. For instance, if several people married to military members all make plans to be without their spouses for a long period of time, the adversary can be certain that a unit is about to be deployed. more

Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more

4G on the Moon

This post is a little more lighthearted than my normal blog posts. An article in FierceWireless caught my eye talking about how Nokia plans to establish a 4G network on the Moon. The primary purpose of the wireless technology will be to communicate between a base station and lunar rovers. 4G LTE is a mature and stable technology that can handle data transmission with ease... more

The Supreme Court Decides that Compatible Software is Still Legal

Back in the 1980s, everyone used the Lotus 1-2-3 spreadsheet on their PCs. In 1989, Borland released a competitor, Quattro Pro. It used the same menu commands as 1-2-3 so that users could import their 1-2-3 spreadsheets with keyboard macros. Lotus sued Borland, and after a loss in the district court, Borland won on appeal, arguing that the keyboard commands are a "method of operation" and not subject to copyright. Lotus appealed to the Supreme Court... more

gTLDs Under the Microscope in Q1 2021: .kpmg Back in Focus and a Look at Past Launches

With the end of March upon us already, we take a fresh look at .kpmg and its ongoing .brand usage strategy in our first quarterly report of the year. A review of Alexa.com rankings for .brands and other new gTLDs is included as well as an examination of the factors that have affected registration rates for new gTLD launches from 2019 and 2020. Our MarkMonitor team of experts also analyzes the ICANN Final Report on the new gTLD Subsequent Procedures Policy Development Process... more

An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more

The White House Broadband Plan

Reading the White House $100 billion broadband plan was a bit eerie because it felt like I could have written it. The plan espouses the same policies that I've been recommending. This plan is 180 degrees different than the Congress plan that would fund broadband using a giant federal, and a series of state reverse auctions. The plan starts by citing the 1936 Rural Electrification Act, which brought electricity to nearly every home and farm in America. more

Time to Start Calling Facebook “The Dark Empire” and Regulate It Accordingly

It appears people, governments, regulators and legislators worldwide may have forgotten Facebook's complicit involvement with Cambridge Analytica (CA). It is possible that new priorities such as the Covid-19 pandemic in 2020 may have pre-occupied them, and rightly so. But an unprecedented data breach in 2019 unfolded this weekend, bringing a recurring nightmare of the past back into today's reality. more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

Is ICANN Staff Misleading the Board Into Violating Contractual Obligations to the U.S. Government?

Recently, I had time to reflect on various matters after the alternator in my vehicle decided that the middle of a mountain pass was the appropriate time and place to go to that great big pick-and-pull scrapyard in the sky while leaving me stranded with no cell signal on the side of the road in the middle of nowhere. Until that point, I had been seriously considering applying to ICANN's Nominating Committee for one of the three open seats on ICANN's Board of Directors. more