Registries, Registrars, Resellers and the Fight Against Cyber Crime: The EU-US Meeting

On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more

Court Sides with FTC, Says AT&T Cannot Escape Jurisdiction of the Agency

California appeals court today gave Federal Trade Commission the green light to move forward with a lawsuit alleging that AT&T Inc was deceptive in slowing internet speeds to customers with unlimited plans. more

Outsourcing and Registry Operations Present Challenges to New TLD Applicants

After ICANN announced in Singapore approval of the new Top-Level Domain (TLD) program, we heard many prospective applicants say they would start asking registry infrastructure providers to break down their costs into registration and resolution components. The last few TLD launches have shown that although you can achieve some respectable registration volumes for new TLDs, chances are it will take some time for content to be associated with the domain names, and hence, resolutions to pick up. more

Solving the Spam Problem

Last week, I read Ed Falk's blog post where he commented on a possible solution to the spam problem. He himself was commenting on a study done by researchers out of the University of California where they discovered that credit card transactions for stuff bought in spamvertisements are handled by three companies: one in Azerbaijan, one in Denmark and one in the West Indies. Presumably, if security experts and law enforcement went after these companies, spammers would have their financial supply cut off. No money = no incentive to spam. more

Centralizing the Net, Monetizing DNS, Getting Trendy?

In a Red Herring Conference held last week in California, Mitch Ratcliffe's offers an analytical overview of an interview held with Stratton Scalovs, VerisSign's CEO..."He then goes on to say that we need to move the complexity back into the center of the Net! He says the edge can't be so complex. Get David Isenberg in here! Ross Mayfield, sitting in front of me, laughs out loud. I am dumbfounded. According to VeriSign, the Net should not be open to any type of application, only applications that rely on single providers of services, like VeriSign. This is troglodyte talk." more

Trademark Clearinghouse Debate is Not About the Trademark Clearinghouse!

A comment period on the "strawman", a proposal to update the Trademark Clearinghouse (TMCH), is currently underway. Originally planned to end on January 11, it has been extended by ICANN to February 5. The comment portal has so far received 89 email contributions. A fair number, but the real story is how many major brands have spoken out on the proposed amendments to the TMCH model. more

Domain Names as Property Subject to Creditor Claims - Bosh v. Zavala

Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more

Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

ISOC Joins Forces with Shinkuro and Parsons to Promote Global Deployment of DNSSEC

The Internet Society today announced it has signed a Memorandum of Understanding with Shinkuro and Parsons to collaborate on multiple initiatives to promote the global deployment of Domain Name System Security Extensions (DNSSEC). more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

Nobody Has Proposed a Sustainable Model for Internet Governance Yet

The idea that the US would maintain a strategic position in the Internet was always a pipe dream. Allowing the US to pick the DNS contractors is one thing, allowing the US the power to arbitrarily shut countries off the net is quite another. And that is what deployment of DNSSEC and the rPKI under the current models would do. The idea that some US congressman would promote a bill to force ICANN to drop Cuba, Palestine or the enemy of the moment off the Internet is really not far fetched. The US government was just shut down for over two weeks in a bizarre act of political theater. more

Project Title: Adopt-an-Haitian-Internet-Technician-or-Facility

I circulated this, and its precursors, notes about the necessity for diesel to keep the generators powering Boutilliers Hill NAP on the Hatian-Dominican Republic Border from failing, earlier this month on the North American Operators Group (NANOG) mailing list. Efforts by former ICANN people, in public service and in the private sector, were critical to bringing the continuity of the surviving infrastructure to the attention of the White House, the Department of State, and the Southern Command. more