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In keeping with the discussion that I have been involved in over the last decade, 'structural changes' should be today's key phrase - not just for the telecoms sector but for every sector in our economies. It has been clear for a long time that structural change is well overdue. It doesn't really matter which sector you pick, you will see that some of these reform debates go back at least a decade - and often longer -- in healthcare, education, environment, energy, finance and banking and media. more
In a post published today titled, "A Stronger Future for .org and the Internet," by Vint Cerf -- often referred to as one the father's of the Internet – he has expressed his disappointment with the controversy surrounding Ethos Capital's proposed acquisition of the Public Interest Registry (operator of .ORG domain). more
NTIA has published a Notice for Public comment that is titled "The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things". This could become ICANN-2, bigger, longer, and uncut; and with a much greater impact on the future direction of the internet. However, my thoughts on this go well beyond the possibility of another ICANN. more
Imagine that Ford was held responsible every time one of its Mustangs broke the speed limit. Imagine that the company responded by limiting the speed of its vehicles to 65 MPH, or that the company was required by the government to report every speeding car to highway patrol. It sounds far-fetched, but is actually a good metaphor for the way that many want technology companies to respond to infractions. more
The ICANN Board resolutions adopted during the retreat in Trondheim, Norway on the 25th of September, 2010, painted yet another question mark for new Top-Level Domains (TLDs), despite its positive outlook. While the Board seems dedicated to resolve all the outstanding issues, applicants were still left in the dark in regards to some key issues that affect the economics of launching new TLDs. more
I often read marketing material from Online Brand or Content Protection vendors, especially some of the newer ones, that make IP rights enforcement sound very straightforward. In some scenarios, given the correct processes are followed, this can be the case - using eBay's VERO program or similar offerings from the major legitimate platforms, counterfeit listings can be removed very quickly. more
I'm lucky enough to spend my working life helping some of the world's largest brands drive their .brand TLD projects. The excitement and the challenges of this space stem largely from the fact that this is a new innovation; and when you're working with something truly groundbreaking, naturally there's an element of "learning as you go." And I'm not afraid to admit, sometimes we get things wrong. more
When I initiated NNSquad (Network Neutrality Squad), one of my primary concerns was that many seemingly reportable "events" that can occur on the Internet -- and that might seem on their face to be network neutrality "violations" -- might actually be caused by innocent technical issues related to ISP operations, testing anomalies, or misinterpretation of test or otherwise observed data. Analysis of these situations -- which may invoke security and privacy concerns -- can be quite complex, and without a reasonably complete picture of events can also be considerably problematic... more
Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more
ETECSA reports that over 110,100 Cuban households have DSL connectivity using their Nauta Hogar service. There are also shared facilites – 986 WiFi hotspots (127 in Havana) and 347 Navigation Rooms (44 in Havana) with 1,309 computers (304 in Havana). These services are dead-ends on the road to hoped-for "computerization." The Cuban population is around 11 million so, after three years, roughly one person in 100 lives in a Nauta home and the services are limited geographically... more
One of the most popular top-level domains under the Uniform Domain Name Dispute Resolution Policy (UDRP) is not even a gTLD (generic top-level domain). It's a ccTLD: .co, the country-code top-level domain for Colombia, in South America. Based on statistics at WIPO as of this writing, 29 .co domain names have been the subject of UDRP disputes this year, making it the most-disputed ccTLD under the popular domain name dispute policy. more
Neustar announces that it has acquired Bombora Technologies Pty Ltd (Bombora), based in Australia, for AUD $118.5 million, or approximately USD $86.9 million. Bombora and its subsidiaries, which include ARI Registry Services, provide registry services for a number of top-level domains (TLDs) including .au, .melbourne, .sydney, and over 100 new TLDs, including several in the Fortune 500. more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
The United States has taken the lead in the number of 5G cities, surpassing China for the first time. There has been a large increase of 5G cities in the U.S., with 503 cities now having 5G networks, compared to 297 in May 2022. more
A couple things related to the intersection of email and law happened recently. The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. more
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