The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

A New Fiber Optic Speed Record

Researchers at University College London (UCL) have set a new bandwidth record for fiber optic bandwidth transmission. They've been able to communicate through a fiber optic cable at over 178 terabits per second, or 178,000 gigabits per second. The research was done in collaboration with fiber optic firms Xtera and KDDI Research. The press release of the achieved speed claims this is 20% faster than the previously highest achieved speed. more

A Responsible Domain Industry Needs a Responsible Registrant Appeals Process

As the steward of .ORG, Public Interest Registry is committed to serving as an "exemplary registry" for the DNS. As part of that mission, PIR published our Anti-Abuse Principles last year that serve as our north star to address questions of abuse. As PIR has stated on many occasions, generally speaking, the DNS is not the appropriate place to address questions of website content abuse because of the blunt tool we as a registry have and the collateral damage that can be caused by suspending a domain name for a piece of content. more

Defining KPIs to Measure the Success of Your AI Strategy

KPIs are industry-specific and should be aligned carefully with your AI strategy. My course at UC Berkeley drills down heavily on how to define success when implementing your AI strategy, and measurement, like anything else, is the top priority. One technique that can potentially be used in your organization as you embark on your AI strategy is to use the SMART method for KPIs. SMART stands for Specific, Measurable, Attainable, Relevant, and Time-Sensitive. more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

TLD Maintenance Significantly Improved With the New Registry Maintenance Notifications for EPP

Three years ago, the first Internet-Draft on Registry Maintenance Notifications for the Extensible Provisioning Protocol (EPP) was published, which will become a Request for Comments (RFC). The IETF Registration Protocols Extensions (REGEXT) working group is the home of the coordination effort for standards track EPP extensions. They released eight RFCs over the last couple of years, and they are currently working on more than 15 Internet-Drafts. more

How Will the New .AU Domain Licensing Rules Impact You?

The .AU Domain Administration (auDA) will soon implement new .AU domain administration licensing rules either late this year or early next year. These rules apply to new registrations and around 3 million existing domain names in the com.au, net.au, org.au, and more .AU namespaces... Previously, an Australian trademark application or registration may constitute the required Australian presence for an .AU domain name, but the domain name need not match the trademark. more

Is There Such a Thing as Technical Internet Governance?

In ICANN's "President & CEO Goals for Fiscal Year 2021", Göran Marby went out to make a curious distinction in the document's second stated goal, according to which he intends to "Implement a common strategy for Internet governance (IG) and technical Internet governance (TIG)". Proceeding to state that "we will begin by identifying the most important issues we need to address, followed by an assessment of where and how we can intervene, the venues we should use, and the resources required to be effective". more

Is Telemedicine Here to Stay?

It's going to be interesting to see if telemedicine stays after the end of the pandemic. In the past months, telemedicine visits have skyrocketed. During March and April, telemedicine billings were almost $4 billion, compared to only $60 million for the same months a year earlier. As soon as Medicare and other insurance plans agreed to cover telemedicine, a lot of doctors insisted on remote visits during the first few months of the pandemic. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more