On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more
With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more
Internet Corporation for Assigned Names and Numbers (ICANN) has been holding a public comment period on the second draft of the new generic Top-Level Domains (gTLD) handbook. This period was due to close yesterday. Prior to yesterday afternoon there was a healthy number of comments, but in the past 24 hours a significant number of new comments have been submitted... more
Four senators (Rockefeller, Bayh, Nelson, and Snowe) have recently introduced S.773, the Cybersecurity Act of 2009. While there are some good parts to the bill, many of the substantive provisions are poorly thought out at best. The bill attempts to solve non-problems, and to assume that research results can be commanded into being by virtue of an act of Congress. Beyond that, there are parts of the bill whose purpose is mysterious, or whose content bears no relation to its title. more
We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more
Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more
A cybersecurity bill introduced in the U.S. Senate on April 1st, 2009 would give the United States federal government extraordinary power over private sector Internet services, applications and software. This proposed legislation is a direct result of a review ordered by the Obama administration into government policies and processes for defending against Internet-born attack. The focus of the bill, according to a summary released by the sponsoring senators, is on establishing a new partnership between the public and private sectors in a joint effort to bolster Internet security... more
I outline some general critical comments on the recent commissioned reports for ICANN's proposed introduction of new top-level domain names (TLDs)... The reports cite seminal papers in economics, but the papers' applicability here is dubious. For example, for economists a "good" is a product intended for consumption, which is a different sort of animal than a financial investment. more
The ICANN community has been especially concerned about the economic reports used by ICANN to justify its decisions as to whether, and how, to implement applications for new gTLDs. Among the greatest sources of concern has been the failure of ICANN staff to issue a complete public response to the ICANN Board's October 2006 demand that ICANN Staff commission economic studies about gTLDs... more
The market has failed to secure cyberspace. A ten-year experiment in faith-based cybersecurity has proven this beyond question. The market has failed and the failure of U.S. policies to recognize this explains why we are in crisis. The former chairman of the Security and Exchange Commission, Christopher Cox, a longtime proponent of deregulation, provided a useful summary of the issue when he said, "The last six months have made it abundantly clear that voluntary regulation does not work."... more
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