In Rem Domain Name Proceeding: Sometimes “may” Means “must”

Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more

What are TLDs Good For?

Yesterday I said that the original motivations for adding new TLDs were to break VeriSign's monopoly on .COM, and to use domain names as directories. Competitive registrars broke the monopoly more effectively than any new domains, and the new domains that tried to be directories have failed. So what could a new TLD do? more

Morgan Freeman Wins Transfer of morganfreeman.com from Cybersquatter

Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more

The ‘Millennium Problems’ in Brand Protection

As the brand protection industry approaches a quarter of a century in age, following the founding of pioneers Envisional and MarkMonitor in 1999, I present an overview of some of the main outstanding issues which are frequently unaddressed or are generally only partially solved by brand protection service providers. I term these the 'Millennium Problems' in reference to the set of unsolved mathematical problems published in 2000 by the Clay Mathematics Institute, and for which significant prizes were offered for solutions. more

UN Cybercrime Convention: Time Is Running Out to Address Draft’s Urgent Risks to Human Rights

In two weeks, final negotiations will begin on the UN's proposed Cybercrime Convention, a document which has elicited widespread concern from civil society, industry groups, and some states due to the serious risks it poses to human rights, including privacy and freedom of expression. Since 2022, GPD and other groups, including EFF, Human Rights Watch and Privacy International, have sought to alert stakeholders within the process to the need for substantial revisions... more

Verisign’s Perspective on Recent Root Server Attacks

On Nov. 30 and Dec. 1, 2015, some of the Internet's Domain Name System (DNS) root name servers received large amounts of anomalous traffic. Last week the root server operators published a report on the incident. In the interest of further transparency, I'd like to take this opportunity to share Verisign's perspective, including how we identify, handle and react, as necessary, to events such as this. more

Questioning the Illusion of Internet Governance

I confess, I don't get it. Much has been written about the apparent desire by the United Nations, spurred by China, Cuba, and other informationally repressive regimes, to "take control of the Internet." Oddly, the concrete focus of this battle -- now the topic of a Senate resolution! -- is a comparatively trivial if basic part of Net architecture: the domain name system. The spotlight on domain name management is largely a combination of historical accident and the unfortunate assignment of country code domains like .uk and .eu, geographically-grounded codes that give the illusion of government outposts and control in cyberspace. more

Internet Governance and Diplomacy

Developments in modern international relations have shown that traditional diplomacy is not capable of sufficiently addressing complex new issues, for example, the environment, health protection, and trade. Governance of the Information Society and the Internet is probably one of the most complex international issues facing diplomacy today. Issues surrounding the Information Society require a multi-disciplinary approach (the various concerns include technology, economy, impact on society, regulatory and legal issues, governance and more); a multi-stakeholder approach (various actors are involved, including states, international organizations, civil society, private sector, and others) and a multi-level approach (decision-making must take place on different levels: local, national, regional and global). Diplo has developed a research methodology which takes all of these approaches into account. Post includes illustration from Diplo Calendar 2004. more

ICANN Starts IPv6 Ball Rolling

IPv6 took a significant step forward this week with ICANN's decision to officially add the next generation protocol to its root server systems. The shift to IPv6 is perhaps the largest and most significant change to the structure of the Internet in decades - ICANN's move a signal that the revolution has officially begun. more

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

Remarkable Internet History: Equifax Invented .COM in 1975

Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more

ICANN Violating Free Enterprise?

Message to ICANN: Let those who want to create a TLD, simply register it with ICANN. If the TLD is not already taken, if they have the technical capability to mange the TLD, and they have the desire to market domain names on that TLD, then let them do so. ...Do you present a businesss plan to the city you live in before they allow you a business license? Does the city ask you to prove you are financially stable before issuing you a business license? If you apply for a business license to open a clothing store, does the city ask how you will run your clothing store or if you have the necessary expertise to run a clothing store? Does the city think you will hurt them economically if your clothing store goes out of business? No, it's none of their business... more

IETF’s Descent Into the Political Rabbit Hole

The Internet Engineering Task Force (IETF) has a curious, non-linear history as a "non-organization" of technical innovators now approaching 47 years. As it approaches a landmark 100th official meeting, it has become embroiled in a controversy that takes it further down the political rabbit hole it has been deepening in recent years. The IETF is considering cancelling its 100th meeting now scheduled in Singapore in November 2017... because "concerns were raised about anti-LGBT laws." more

Demand for Online Video Drives Akamai Single Day Traffic to 3.45 Tbps

Leading Internet content distribution service provider, Akamai, has announced that its global network is now serving as much as 3.45 Terabits per second (Tbps) of content per day. "The traffic peak of 3.45 Tbps is roughly equivalent to the capacity needed to download the entire printed contents of the U.S. Library of Congress in less than a minute," says the company. Paul Sagan, Akamai's President and CEO, says increasing demand for high definition video streaming is a key factor in these recent delivery milestones. more

Why We Need to Find Solutions on Internet Governance As Soon As Possible

Internet Governance is the buzzword, especially over the past couple of years, with debates and negotiations taking place almost with the same intensity and pathos of delicate issues, such as terrorism. But Internet Governance is a delicate issue. At the beginning, there was the web that made everything better... Life was good and exciting. That was Internet 1.0. But consider Internet 2.0, currently in development. No longer an egalitarian utopia, it has become much like the rest of our society -- divided by class, geography, culture, religion and politics. And its growing fragmentation threatens us all -- because we will be asked to take sides. more