Fair Use Incorporating Trademarks in Domain Names

The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech. more

The Internet’s Weakest Link

This week two major transoceanic cables experienced outages that may last several days. The outages provide a reminder that several Internet bottlenecks exist where these cables make landfall. When one thinks of bottlenecks in telecommunications the first and last mile come to mind. Yet equally vulnerable are the last few 1000 feet of submarine cable links. more

Understanding the Threat Landscape: Cyber-Attack Actors and Motivations

The threat landscape has rapidly expanded over the past few years, and shows no signs of contracting. With major establishments in both the public and private sectors falling victim to cyber-attacks, it is critical for organizations to identify the motivations, modus operandi (MO) and objectives of adversaries in order to adequately and effectively defend their networks. Understanding the taxonomy of cyber-attacks is the first step in preparing an organization against exposure to them. more

China Has Nearly 3 Times the Number of Internet Users as the US, and the Gap Will Only Widen

China has 772 million internet users, as compared to the United States currently at 292 million. While the US internet penetration has reached 89%, China is only 55% and growing fast. more

Speculating in Domain Names: Pricing War(e)s

Speculation in one form of another has an ancient and honorable history. It not only creates entrepreneurial activity but fuels markets for selling wares and offering services, but also generates competition for consumers and wars over loyalty. The commercialization of the Internet in the 1990s, which extended market activity into virtual (cyber) space, has many of the virtues of the actual but also its vices: cheating and fraud, and other skullduggery. more

In China, Email Addresses Are Irrelevant

Great article by the BBC about email vs. mobile apps in China -- and why email is losing out to the most popular apps. It's important for Westerners such as myself to remember that most of the world did not first interact with the Internet via desktop computer. In most emerging markets, people leapfrogged computers altogether on their way to using mobile apps. more

Comcast Fires Back at E360

Back in January, bulk mailer E360 filed a suit against giant cable ISP Comcast. This week Comcast responded with a withering response... Their memorandum of law wastes no time getting down to business: "Plaintiff is a spammer who refers to itself as a "internet marketing company," and is in the business of sending email solicitations and advertisements to millions of Internet users, including many of Comcast's subscribers." Comcast's analysis is similar to but even stronger than the one I made in January... more

America’s Broadband Blind Spot: Audit Reveals Millions More Offline Than FCC Reports

A new audit has sharply challenged the Federal Communications Commission's (FCC) broadband availability estimates, revealing that 26 million Americans lack access to fixed 100/20 Mbps internet, 6.4 million more than the FCC claims. more

Put Security Alongside .XXX

Isn't security as important to discuss as .XSS? The DNS has become an abuse infrastructure, it is no longer just a functional infrastructure. It is not being used by malware, phishing and other Bad Things [TM], it facilitates them. Operational needs require the policy and governance folks to start taking notice. It's high time security got where it needs to be on the agenda, not just because it is important to consider security, but rather because lack of security controls made it a necessity. more

FiOS: A Reality Check

I wrote this in response to some interest in my experience with the reality of FiOS. The short summary is that there is no magic. Sure having Fiber is nice but it isn't that much different than my "cable" service. The bigger difference between Comcast and Verizon is in the nature of the businesses. Comcast is a content company trying to move on to it looks beyond the STB with its purchase of NBCU whereas Verizon seems to want to continue the 1990's vision of the STB as its entrée into the home. more

Hongyun Project – China’s Low-Earth Orbit Broadband Internet Project

Last December, State-owned China Aerospace Science and Industry Corporation (CASIC) launched the first experimental Hongyun (rainbow cloud) Project satellite, and they began testing it in March. The 247 kg test satellite is in orbit at an altitude of around 1,100 km, and they plan to launch four more test satellites this year and begin operating with a 156-satellite constellation in 2022. more

ICANN Threatens RegisterFly Termination

ICANN sent a 10-page letter to RegisterFly on February 21st threatening to terminate its accreditation. The letter is available here. ICANN's not exactly advertising this -- no conspicuous notice appears on its home page and, more curiously, no update has been posted by the Ombudsman despite two prior postings about RegisterFly in the past week. A member of the general public would be hard pressed to find out that any action has been threatened. more

The Short History of the Internet: From ARPANET to the Metaverse

Last Saturday marked the 53rd anniversary of the Internet. While the vast majority of its five billion users have been online for less than a decade, the Internet was taken into use on October 29th, 1969, when two computers connected to the ARPANET exchanged a message. Although the Internet has been around for a while, it remained below most people's radar until the late 1990s when the dot com boom started. more

Do New gTLDs Disrupt .com?

This post examines whether the new gTLDs program is a disruptive innovation to the dominance of .com. I then use the idea of disruptive innovation to explain the relative adoption failure of previous generic Top-Level Domains (gTLDs), such as .biz, .info and .mobi. Harvard Professor Clayton Christensen's theory of disruption explains battles between market entrants and incumbents. Examples of markets transformed by disruptive innovations include classified ads (Craigslist), long-distance calls (Skype), record stores (iTunes), research libraries (Google), encyclopedias (Wikipedia), and taxis (Uber). more

Mandatory Provision of Abuse Contact Information in WHOIS

An industry professional at Abusix is the backbone behind a proposal to improve and create better mitigation of abuse across different global internet networks. Basically, this introduces a mandatory "abuse contact" field for objects in global Whois databases. This provides a more efficient way for abuse reports to reach the correct network contact. Personally - as a Postmaster for a leading, white-label ISP, I applaud this with great happiness for multiple reasons. I also feel people who handle abuse desks, anti-abuse roles, etc. should closely follow this. more