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Prudential Settlements for Alleged Cybersquatting/Reverse Domain Name Hijacking Under the ACPA

Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) (ten to fifteen published daily), the sum total of grievants filing de novo challenges under the Anticybersquatting Consumer Protect Act (ACPA) is remarkably small -- one or two at most in any single year; and those rarely proceeding to summary judgment or trial. more

IGF Preparatory Meeting: A Score Draw in Geneva

Wednesday was the open public consultation preparing for the second meeting of the Internet Governance Forum, which will take place in Rio de Janaeiro on 12th-15th November. Although the inaugural Athens meeting was widely deemed a success, having largely stayed off the dread topics of wresting control of DNS from ICANN and IP addressing from the RIRs, the usual suspects were back demanding that these topics be added to the agenda. more

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more

Google Announces New Subsea Cable Running Between U.S., U.K. And Spain

The cable named "Grace Hopper" after an American computer science pioneer Grace Brewster Murray Hopper will be the new addition to Google's other subsea cables, Curie, Dunant and Equiano connecting far-flung continents along the ocean floor. more

Meeker Report: Global Internet User Growth Slowing Down

Mary Meeker delivered her Internet Trends Report, tech communities most anticipated slide deck at the Code Conference 2019 in Arizona today. more

What Does It Take To Repair Trust? What Will It Take ICANN To Win Back “Trust”? (Part I)

Some readers may wonder why I chose to raise the issue of "trust" now or even ask what it will take for ICANN to repair it. After all, the New gTLDs have been launched; applications have started being received, and all ICANN official announcements are that all is good and going according to plan. But many other readers and astute observers of this space, domestic and international, would not confuse the public dead silence we are hearing from ICANN and its insider community or the euphoria of the long awaited application submissions we are seeing to mean that all is perfect. more

Ongoing Community Work to Mitigate Domain Name System Security Threats

For over a decade, the Internet Corporation for Assigned Names and Numbers (ICANN) and its multi-stakeholder community have engaged in an extended dialogue on the topic of DNS abuse, and the need to define, measure and mitigate DNS-related security threats. With increasing global reliance on the internet and DNS for communication, connectivity and commerce, the members of this community have important parts to play in identifying, reporting and mitigating illegal or harmful behavior, within their respective roles and capabilities. more

Will Technology Solve Network Neutrality?

When I first read this post about Predictable Network Solutions on the excellent Telco 2.0 blog, I thought it was an April Fool's Day hoax. Then I remembered that it's a UK site, and some Googling confirmed that it's a real company. So my question is, will this technology -- or something like it -- eventually make network neutrality a non-issue? Or will it be the means for network operators to implement the discrimination that everyone is worried about? more

Preparing for the Launch of the Trademark Clearinghouse

With the Trademark Clearinghouse (TMCH) expected to begin accepting submissions within the next month or so, many companies are now attempting to identify marks for inclusion. As a reminder, the TMCH is a centralized repository of validated rights which will be used in support of ICANN's New gTLD Program. Submissions to the TMCH enable brand owners to register their trademarks as domain names during so-called Sunrise Periods. more

Is The Term “Cyberwarfare” Overstating the Case?

At the Virus Bulletin conference last month, Andrew Lee from ESET gave a talk entitled "Cyberwar: Reality or Weapon of Mass Distraction?" In it, Lee talks about how the term "cyberwar" is thrown around a lot these days. However, he disagreed with the use of the term because it uses inflationary language and overstates the case; today's "cyberwar" is not the same as a conventional ware. more

Why DNS Is Broken, Part 2: DoS Target

Before we get into what DNSSEC is and the benefits of it, let's talk about some of the other potential pitfalls of DNS. One of the most significant issues we have to deal with are denial-of-service (DoS) attacks. While DoS attacks are not specific to DNS we have seen DNS be a frequent target of these attacks. more

The Future of Cyber Warfare

Every now and then I get emails from readers of my blog. I mostly reply to them in private, but I recently got one question where I thought my reply might be of general interest. I took the liberty of editing the question somewhat, but in essence it was: "If you have any insight you can share with my class on cyber warfare and security, I would be delighted on hearing it." In general, I think that it's an obvious conclusion that both offensive and defensive actions with regard to national telecommunications infrastructure is becoming an integral part of a nations security assessments.... more

Cybersecurity for Schools

FCC Chairwoman Jessica Rosenworcel recently asked the other FCC Commissioners to support a proposal to spend $200 million over three years to bolster school cybersecurity. Rosenworcel plans to issue a Notice for Proposed Rulemaking (NRPM) soon for her proposal. The NPRM will set off a round of public comments and then a ruling if a majority of the Commissioners agree with the final set of rule changes. more

EU Throws Down Gauntlet to ICANN

A few weeks ago the EU Commissioner Viviane Reding published a video where she talked about the EU's views towards ICANN and internet governance. The video received quite a bit of attention at the time, but it wasn't an official position of the EU at that juncture i.e. it was Ms Reding's. Earlier today that changed when the EU issued an official release on the subject calling for "a more open, independent and accountable governance of the Internet". more

Commodifying Words and Letters in the .Com Space

Words (and by extension their constituent letters) are as free to utter and use as is the air sustaining life. No one owns them. There is no toll fee to be paid to dictionary makers who curate them. There are, however, two carve-outs from this public domain, namely words and letters businesses use as designations of origin for their marketplace presence, protected by trademark law; and words and letters arranged expressively by authors, protected by copyright law. more