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The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more
The COVID-19 pandemic has led to the rapid migration of the world's workforce and consumer services to virtual spaces, has amplified the Internet governance and policy issues including infrastructure, access, exponential instances of fraud and abuse, global cooperation and data privacy, to name but a few. The need for practical, scalable and efficient solutions has risen dramatically. more
The International Trademark Association's Blockchain Subcommittee is interested in meeting companies working on Blockchain applications related to intellectual property. The Blockchain Subcommittee's mission is to explore the use of blockchain technology in trademark prosecution, maintenance, protection, and practice, including the opportunities and threats to the value of trademarks, brands, and consumer trust in emerging blockchain technologies. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
With 2019 coming to a close, we're not just saying goodbye to the past 365 days, we're also saying goodbye to an entire decade. As we bid farewell to the 2010s, we're taking this opportunity to look back and reflect on the digital decade as well as consider what the future might have in store for us all. The past ten years were a whirlwind of change, with new advances in technology exploding onto the market at a faster pace than ever before. more
We're in an interregnum where society has paused, and there's no telling how things may turn. In such times of crisis, we are the explorer; exploring the uncharted waters of change, where dangers and opportunities lie. How the pandemic caused this greater societal change may not be something that an individual can alter, we may, however, take the helm and navigate. more
It, perhaps, does not have to be said that cybersquatting is an intentional tort. No one would expect the respondent to admit unlawful intention, but complainant's proof must nevertheless support that contention. The Panel in Hästens Sängar AB v. Jeff Bader / Organic Mattresses, Inc. FA2005001895951 (Forum July 31, 2020) reminds us that it takes more than bad faith use of a domain name to find cybersquatting. more
Casey Lide and Thomas B. Magee of Keller & Heckman highlight an issue that anybody building fiber on utility poles should be aware of. A recent article on their website notes that in some cases, an easement obtained for using private land to bring electric service might not automatically allow an easement for bringing fiber. more
India's recently published Draft National e-Commerce Policy, prepared by the Indian Commerce Ministry think-tank, can be read like the script of a four-act Bollywood drama... They were the dream couple: Princess India and Prince IT. She was full of cultural richness and diversity, with beauty, mystique and natural resources. She also a dark side. She harbored the world's largest number of impoverished people, with little infrastructure, and facing sparse economic prospects. more
ICANN's current CEO Fadi Chehadé is leaving the organisation in a few weeks time. His replacement has been announced and the upcoming public meeting in Marrakech, Morrocco, will be Chehadé's final public engagement as ICANN CEO. A couple of days ago Chehadé sent the ICANN board a letter entitled "Summary of My Tenure". While the letter may have been addressed to the board, it was published on the ICANN website immediately. more
A couple of years ago I started a mailing list where folks not necessarily involved with the vetted, trusted, closed and snobbish circles of cyber crime fighting (some founded by me) could share information and be informed of threats. In this post I explore some of the history behind information sharing online, and explain the concept behind the botnets mailing list... we may not be able to always share our resources, but it is time to change the tide of the cyber crime war, and strategize. One of the strategies we need to use, or at least try, is public information sharing of "lesser evils" already in the public domain. more
This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
In the short ten years that they've been around, mobile apps have grown to become a staple of modern digital life. With more than five million apps currently available for download in the major app stores, and with over 2,000 new apps being uploaded every day, mobile apps are big business. Fifty-eight percent of shoppers consistently browse e-commerce apps and 49% of all website traffic now comes directly from mobile app users. All this browsing directly translates into spending. more
A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more
There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more
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