Over the past few years, cyberattacks and internet harassment have escalated against abortion clinics intended to disrupt services, intimidate providers and patients. more
"Surprise, surprise, surprise!" is how Gomer Pyle would react to the news that the US government has allowed the JPA to expire, thus completing the transition of DNS management to ICANN. Plenty of skeptics doubted the US would let it happen, but today really is ICANN's independence day. more
Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more
The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more
Australia is set to enhance its cybersecurity framework in response to recent widespread cyberattacks. The government has released its 2023 -- 2030 Cyber Security Strategy, aiming to position Australia among the top cyber-secure nations by 2030. more
Significant changes to the core Internet protocols are underway due to the increased necessity to overcome limits that have become apparent particularly with regards to performance. more
The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more
Until today's announcement by Canon, no large brand had broken the "thin brand line" by revealing their plan to apply for their own new top-level domain. Now with Canon's announcement, other major companies have been challenged to either announce their TLD plans or else state that they plan to forgo the chance to brand themselves at the top level of the domain name space. more
The network layer of the Internet routes packets regardless of the underlying communication media (Wifi, cellular telephony, satellites, or optical fiber). The underlying physical infrastructure of the Internet includes a mesh of submarine cables, generally shared by network operators who purchase capacity from the cable owners. As of late 2020, over 400 submarine cables interconnect continents worldwide and constitute the oceanic backbone of the Internet. more
No one can have failed to notice that the last IPv4 address will soon be allocated. We have lived with a shortage of addresses for 15 years, but when the last address is allocated, the shortage will become acute, instead of just a pain, as it is today... In The Hitchhiker's Guide to the Galaxy, Douglas Adams describes the least expensive and most effective method for making something invisible. You simply decide that it is Someone Else's Problem or SEP, if you abbreviate. This is an approach that is frighteningly similar to the Swedish public sector's view of the address shortage on the Internet. "It is not our problem -- if we ignore it, it will probably go away." more
The cybercrime legal community from around the globe is meeting under the aegis of the Council of Europe (COE) to hold the annual Cooperation against Cybercrime conference dubbed Octopus 2021. It is also celebrating the 20th anniversary of the Cybercrime Convention treaty signed in November 2001 in Budapest. Not celebrated and little known, however, is the Stanford Draft -- A Proposal for an International Convention on Cyber Crime and Terrorism -- and the initiative begun in 1997 which brought about that draft treaty instrument. more
The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more
In a significant escalation against piracy, a French court has ordered Google, Cloudflare, and Cisco to tamper with their DNS resolvers to block access to approximately 117 pirate sports streaming domains. more
The Internet's users rely on domain name registration information for vital purposes, including providing security, problem-solving, and legal and social accountability. The data is so important that users perform more than two billion WHOIS queries every day. ICANN has instituted new data policies over the last two years, and is also directing a migration to a new technical protocol, RDAP, that will replace WHOIS access in the near future. So at this critical juncture, how is it all going? more
If you missed attending or listening to the live stream of the US Federal Communication Commission's (FCC) workshop on the transition of the Public Switched Telephone Network (PSTN) to new technologies that was held last week on December 6th, the FCC has very nicely made a video recording available from their website for viewing... FCC Chairman Julius Genachowski also appeared briefly to provide a few comments. more