The Infrastructure Guessing Game

As U.S. Congress inches closer to an infrastructure bill, the industry is feverously speculating how a broadband infrastructure plan might work. There is still a lot of compromise and wheeling and dealing to be done, so nobody knows how a final broadband program might work, or even definitively if there will be one. But since this is the billion-dollar question for the industry, it's worth a review of the possibilities. more

NGOs, Academics Warn Against EU’s Deep Packet Inspection Problem, at Least 186 ISPs Breaking Rules

European Digital Rights organization (EDRi) along with 45 NGOs, academics and companies from 15 countries sent an open letter to European policymakers and regulators on Wednesday warned against the widespread use of Deep Packet Inspection (DPI) technology by Internet service providers in the EU. more

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more

The FCC Under Trump - A Long Shot

In May 2013, President Obama picked Tom Wheeler to head the Federal Communication Commission. The Internet community generally disapproved because Wheeler had been a lobbyist for both the cellular and cable industries and a major contributor to the Obama campaign. Internet service providers AT&T and Comcast lauded the appointment and a few months later, the President was spotted playing golf with Brian Roberts, chief executive of Comcast. more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more

Scrutinize ICANN’s Thousand New-TLDs Limit

I am skeptical about how ICANN has arrived at a technical limit of a thousand new TLDs per year. The ICANN study driving this number must be made public so that our industry's risk management experts can size up the finding. Why am I skeptical? more

Fadi Chehadé Announces His Departure - What’s Next for Businesses at ICANN?

Last week, the CEO of ICANN, Fadi Chehadé, announced his intention to leave his position in March 2016, after almost four years as head of the organization. He plans to take a position in private industry, outside of the domain name space. Although the impact to the business community is unclear at this point, Chehadé's departure throws a spotlight on how important ICANN leadership can be in ensuring that business and brand interests maintain their voice in the Internet governance sphere. more

2012: The Year of Securing Websites?

In a seemingly never-ending row of news on hacks of websites now the news in which 2.3 million individual cases of privacy sensitive data were accessible through a leak in the websites of most public broadcasting stations in the Netherlands. To make the news more cheerful, the accessible data was, if compiled, sufficient to successfully steal a complete identity. What were thoughts that came to my mind after hearing this news on Friday? more

A Modest Proposal for ICANN

When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more

Two Things Happened at the FCC Today

Paul Kaputska has the best wrap-up of the 700 MHz press releases and statements online, with comments from major players. Rick Whitt is polite and welcoming, noting the progress that's been made (who would have thought any move towards unlocking devices from networks was possible?) while saying it would have been better to have included wholesale requirements. But while even mainstream media was (finally) focusing on the moderate, incremental, and possibly hopelessly unenforceable (and ultimately meaningless) steps taken by the FCC today in announcing its auction rules, something else happened. more

ICANN 51 Focus: Making ICANN Directly Accountable to the Broader Internet Community

ICANN 51 taking place in Los Angeles this week may not have its customary evening Gala, but it opened with rousing remarks by U.S. Secretary of Commerce Penny Pritzker in the first-ever ICANN appearance of the head of the Cabinet agency from which it was born and which has exercised continuous oversight of its key IANA functions. The themes of the growing importance of Internet Governance and the U.S. government's steadfast commitment to defense of the multistakeholder model, as well as the connection between maintenance of an open Internet and fostering free speech and economic growth, were key elements of Secretary Pritzker's address. more

House Committees Taking Aim at IANA Transition Proposal

In an unanticipated move a third Committee of the US House of Representatives has weighed in with concerns regarding the NTIA's proposed transition of the US role as counterparty to ICANN's IANA functions contract to one with the "global multistakeholder community". On May 13th the House Armed Services Committee Report for HR 4435, the Defense Authorization bill, was released. more

Selecting ICANN’s Next CEO: A Letter to the Chair of the Board

Since ICANN's CEO announced (on Twitter) that he would be leaving in July 2012, the Internet has been abuzz with details on what happened and why. Rod Beckstrom's tenure so far has earned praise and criticism, much of the latter dwelling on his management style, and on the rate of turnover in ICANN's staff since his appointment. As for the praise, it was implicit in the official announcement put out by ICANN on 16 September, with a link to a list of the outgoing CEO's achievements. Many in our community have a vivid recollection of the criticism leveled at Beckstrom, during a plenary session in an ICANN international meeting, by Maria Farrell, a former staff member. more

Macro Musings for Digital Strategies Using Unstructured Data

When Doug Dawson wrote his article in February on Artificial Intelligence, he felt that #ai is saddled with too much hype as is its current counterpart, 5G. Certainly, there is a great deal of technology out there that deserves the hype and others that do not. After receiving a certification (Intro to AI) from IBM (while using Watson), I'm here to share that artificial intelligence, and its subsets of machine learning and deep learning definitely deserve a soundbite. more

Hiding in the Firmware?

The most interesting feature of the newly-described "Equation Group" attacks has been the ability to hide malware in disk drive firmware. The threat is ghastly: you can wipe the disk and reinstall the operating system, but the modified firmware in the disk controller can reinstall nasties. A common response has been to suggest that firmware shouldn't be modifiable, unless a physical switch is activated. more