2020’s New Internet Success

Chinese technology policy is now more effective even than their naval posture in the South China Sea, and both are playing out in full sunshine. This success is not about the hardware pillar of Chinese tech policy, though: its focus is the structural approach China and, increasingly, other stakeholders are taking to global Internet Governance... Late in the Year of the Pig just gone, China's offer of a New Internet Protocol was chewed over in senior-level advisory groups of the International Telecommunication Union (ITU)... more

What Trademark Owners Need to Know to Avoid Reverse Domain Name Hijacking

A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more

Senate Report on 5G: Recipe for Disaster

The Democratic Staff Report Prepared for the use of the Committee on Foreign Relations United States Senate, July 21, 2020, entitled "The New Big Brother," is actually all about 5G technology. The report jumps on the runaway anti-China train chaotically flailing around Washington these days to "out-Trump, Trump." It characterizes 5G technology, longstanding international collaboration, and COVID-19 tracking as all part of a global conspiracy for "digital authoritarianism" run out of Beijing. more

Beware of Abandoned Domain Names in this Turbulent Time and as the Global Economy Changes

The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... more

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

Japan Fueling China’s Leap to 5G, but for How Long?

As the U.S. is making it tough for American companies to help China roll out super-fast cellular networks, Japan, a U.S. ally, is fueling China with parts needed to blanket the nation with 5G cellular service. more

Can SpaceX Launch 30,000 Second-Generation Starlink Satellites? Maybe

The bottom line is that success is not guaranteed, but neither is failure -- there is a non-zero probability of success. On May 26th, SpaceX applied for permission to launch 30,000 "second-generation" Starlink broadband Internet satellites. (Note that the software on Starlink satellites is updated about once a week). The application narrative states that the second-generation satellites will be configured... more

What’s Next for Ethos

Since last fall, Ethos has actively engaged with ICANN and .ORG communities regarding our proposed acquisition of Public Interest Registry (PIR). Through that process, we demonstrated our desire to ensure that .ORG continues and thrives as an exemplary service for the mission-driven community. ICANN has now declined to consent to the proposed change of control of PIR. more

What’s Next for Dot-Org

When I began writing about the dot-org sale, it was out of concern for the loss of what I felt strongly was long understood to be a unique place in the Internet's landscape. Like a national park, dot-org deserved special protection. It turns out lots of people and organizations agreed. On April 30th, 2020, The ICANN Board upheld these values. They unanimously withheld consent for a change of control of the Public Interest Registry to a private equity firm. more

Even a Pandemic Isn’t Enough

The most incredible thing about the dot-org sale is no longer the billion-dollar price tag. It's not surprise fait-accompli announcement. It's not the republican billionaires. It's that the proponents have continued to advocate for it in the midst of the worst crisis the world has faced since the second world war. The biggest crisis in almost a hundred years. One that will reverberate for generations. more

.ORG and Change

The .ORG domain is at a crossroads: What will it be? A simple registry offering domain names for organizations, individuals and others? Or something bigger, as Ethos Capital and the Public Internet Registry propose? Will proposed changes make .ORG better? Or worse? There are valid points on both sides, but as an Internet safety advocate who for two decades has worked to teach children how to be safe online, stop the next young girl from being sex trafficked, and... more

At the Crossroads: The State of Domain Registration Data Services

The Internet's users rely on domain name registration information for vital purposes, including providing security, problem-solving, and legal and social accountability. The data is so important that users perform more than two billion WHOIS queries every day. ICANN has instituted new data policies over the last two years, and is also directing a migration to a new technical protocol, RDAP, that will replace WHOIS access in the near future. So at this critical juncture, how is it all going? more

A New Busy Hour – One of the Many Consequences of the COVID-19 Pandemic

One of the many consequences of the coronavirus is that networks are going to see a shift in busy hour traffic. Busy hour traffic is just what it sounds like -- it's the time of the day when a network is busiest, and network engineers design networks to accommodate the expected peak amount of bandwidth usage. Verizon reported on March 18 that in the week since people started moving to work from home that they've seen a 20% overall increase in broadband traffic. more

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more

ISOC and the PIR Sale: Lessons Being Learned

The PIR/.ORG transaction is a watershed moment for ISOC. What had once seemed (at least to ISOC and its Board) to be ISOC's chance to transform its finances now seems to many to be a threat to ISOC's essence, and even its very existence. From the ISOC-NY perspective, this entire affair points out the paucity of community-involved multistakeholder participation in ISOC's critical decision-making processes (and other processes, too). more