Smells like Cybersquatting? How the UDRP “Smell Test” Can Go Awry

The UDRP has the form of a substantive Policy, but it operates as a "smell test".1 If the evidence smells bad, the panel will likely order a transfer. If it doesn't, the panel won't. An aim of this article is to help improve UDRP panels' sense of smell when it comes to differentiating between domain name investors and cybersquatters. I will provide some insight into the business of domain name investing that I hope will be helpful to UDRP panelists in making more accurate inferences in disputes involving investors. more

The Standards Myth That Does Not Stop

The latest iteration of the most expansive, omnipotential cybersecurity legal regime ever drafted appeared a few days ago. The European Union (EU) Cyber Resilience Act (CRA) is attempting to assert jurisdiction and control over all "products with digital elements" defined as "any software or hardware product and its remote data processing solutions, including software or hardware components to be placed on the market." more

Whither Passwords

The primary means of authentication on the Internet is the password -- a half-century old, shared secret mechanism that is difficult to use (especially on mobile devices) and has acknowledged security flaws including attacks at scale. Even so, passwords remain the most prevalent form of authentication with efforts to enhance security typically relying on "bolt on" solutions that increase user friction. more

FCC Approves White Space Devices: The Dawn of the Age of Opportunistic Spectrum Reuse

Yesterday will go down in history as a bellwether moment. Few among us will soon forget the excitement of Obama's election. But there was an equally historic vote yesterday that for geeks, policy analysts, and technologists represents an entirely new trajectory in telecommunications. In essence, the FCC has begun the transition from command-and-control, single-user spectrum licensure to a more distributed system that holds the potential to eliminate the artificial scarcity that prevented widespread access to the public airwaves since 1927. more

Examining the Reality of Convergence

If there is one word in the telecommunications that has suffered from over-abuse for many years now, it's convergence. The term has been liberally applied to each successive generation of communications technology for their supposed ability to solve a myriad of service delivery problems within a single unifying converged carriage and service delivery solution. Unfortunately, the underlying reality has always been markedly different from these wondrous promises, and we continue to see an industry that deploys a plethora of service delivery platforms and an equally diverse collection of associated switching and service delivery technologies. One can't help but wonder at the collective gullibility of an industry that continues to herald the convergent attributes of each new generation of communications technology, while at the same time being forced to admit that previous convergent promises have never been realized. more

Cyberattack Cuts Off Thousands of TalkTalk, Post Office Customers in UK

Thousands of TalkTalk and Post Office customers in the UK have had their Internet access cut by an attack targeting certain types of Internet routers, according to a BBC report on Thursday. more

Revision3 and Media Defender

Lots of coverage in the last two days about a Memorial Day weekend attack that took down the servers of Revision3, an Internet video network. This story has a lot of ingredients -- P2P maneuvering, DDoS attack, copyright vs. piracy, talk of laws broken and the FBI investigating.  more

Alphabet’s Loon Goes Live With Its Commercial Internet Service in Kenya

Alphabet's Loon on Monday announced that its high-altitude balloons are now providing internet service in Kenya to subscribers of Telkom Kenya.  more

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more

Wi-Fi 8: Beyond Speed, Towards Seamless Connectivity

As the IEEE 802.11 task force turns its attention to developing Wi-Fi 8, the next iteration of wireless networking standards, the focus has shifted from sheer speed to enhancing user experience. more

Where We’re Going: Leviathan or Golem?

The Internet never ceases to fascinate. I am referring not to its content, but to its governance. The IANA transition is the latest example in a world of interesting possibilities. At the core, we find ICANN, and that is why we need a Human Rights Advisory Committee. Any future model, with or without the NTIA, needs to seriously consider this option. But I prefer the hard truth over my own ideals. Maybe this idea will be dismissed, simply because human rights are discussed as some kind of inconvenience. more

Spamhaus Motion to Reconsider

A few weeks ago, Spamhaus filed a motion to have the judge reconsider his recent $27,002 award to e360. Their brief hangs on three arguments. ... it's clear Spamhaus is prepared to take this to the Court of Appeals (again) if the judge doesn't reconsider. In my lay reading of the law, and the memo in support of motion to alter judgement I don't think Spamhaus is out of line in asking for the judge to reconsider. I expect that if the judge doesn't reconsider, then we'll see an even more aggressive filing taking it up to the Court of Appeals. more

VeriSign Anti-Trust Lawsuit Paves Way for More Suits If There Are No Vertical Integration Exceptions

The Coalition for Internet Transparency (CFIT) filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and the expiring market of .COM domains. The claims were many including excessive financial pressure lobbying and lawsuits to force ICANN into renewing the VeriSign .COM agreement under very self-serving terms. ICANN inevitably was paid millions of dollars to settle the suit. However, the saga continues once again. ... In the light of continuous and relentless discussions and proposals by the Vertical Integration working group, one question is in the back of everyone's mind. Could the decision on Vertical Integration backfire on ICANN and invite similar suits in the domain name space? more

Google Dumps Illicit Pharmacy Advertisements

Garth Bruen writes: Within the next few weeks Google plans to update its pharmacy policy which will restrict pharmacy advertisements. Once in effect, the updated policy will only allow VIPPS and CIPA certified pharmacies to advertise. Additionally these pharmacies can only target ads within their country. more

U.S. Bypassing ICANN on Whois Privacy With Closed-Door Meeting in Paris

Despite positive discussions currently underway at the ICANN54 meetings in Dublin regarding protection of privacy services for domain name registrants, another meeting in Paris seems to be contradicting the efforts. more