Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more

Stress Test: Accountability Reconsideration Request Filed with ICANN Board

In a rapid follow-up to the unprecedented joint letter sent on August 26th by all members of the ICANN community questioning the proposed Accountability Process imposed by ICANN staff, three of the groups that signed that letter have now submitted a formal Reconsideration Request (RR) to the ICANN Board. The August 29th RR -- submitted jointly by the Business Constituency, Registry Stakeholders Group, and Non-Commercial Stakeholders group -- requests that ICANN "confer with the community as soon as possible to address these concerns and amend its plan in such a way that the community input is taken into account as the plan goes forward.  more

ICANN 46 Starts This Week In Beijing - Remote Participation Is Possible

The 46th meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) takes place this week in Beijing, China, and will bring together leaders from all over the world to discuss and debate a wide range of issues related to domain names and the surrounding industry. One can expect that the new gTLDs, a topic frequently discussed here on CircleID, will naturally consume a great amount of the discussion at ICANN 46. more

In Memoriam: UDRPsearch.com

I have hesitated in writing this memorial for udrpsearch.com because I did not want to announce a demise that may not be true or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it could happen again. I was waiting for history to repeat itself. But, the website remains dark, without explanation, and I fear it will not return. We lost it on or about January 6, 2018. more

Spam Kings: Book Review (Part 1)

A few months ago, I purchased the book Spam Kings, but only recently managed to get around to reading and finishing it. In case you've never read it, it chronicles the stories of some spammers and the anti-spammers who fought them. These anti-spammers are not people like myself in industry; rather, they are users who have received spam who hunt down the source of the spam and work to bring them down. more

ICANN Approves At-Large Framework for Latin America

The Internet Corporation for Assigned Names and Numbers (ICANN) recently launched organizing of the individual Internet user community (At-Large) for increasing global participation and representation in ICANN. Under a framework approved by ICANN's Board of Directors, local and regional groups may now form in Latin America to involve their members in critical issues that effect their use of the Internet's domain name system. more

A 60% Rise Reported on Malware Designed to Harvest Consumers’ Digital Data, aka Password Stealers

A significant rise has been detected in the use of malware aimed at harvesting consumer data, known as password stealers. more

New TLD Vertical Integration, Market Forces and the Path of Least Compliance

The ICANN Board will soon make many decisions, one of which is to decide whether to continue or reverse ICANN's longstanding policy of vertical separation of registries and registrars. Since new Top-Level Domains (TLDs) are supposed to benefit registrants with lower prices, choice and what we trust will be a decision for 'market-differentiated' competition, the Board will no doubt consider market forces as well as compliance and enforcement issues in choosing the path that can maximize these goals. more

Unmet Fundamental Requisites for a Successful gTLDs Program

New pioneering ideas are not always welcomed or requested by consumers... Henry Ford didn't wait until people wanted a mass-market car. Citibank didn't wait until they wanted ATMs, and Jeff Bezos didn't wait until they decided to shop on their computers. But the three innovators did more than follow a vision. Before they made their respective leaps, they pondered what people did want. They asked themselves some hard questions. more

Defendant iREIT’s Answer in the Verizon Case

Defendant iREIT filed its answer on May 25, 2007, to the recent complaint by Verizon alleging cybersquatting. As in the prior article, these are the public court documents and nothing has been proven by either side in a court of law. more

gTLD Contention Auction in May: Request for Comments

Many gTLD applicants with strings in contention have already heard about the Applicant Auction, a voluntary private auction for resolving string contention that my colleagues and I are organizing. In this post we'd like to share some updates on our progress. Most importantly, we realized that more than just an escrow agent is needed for the success of a private auction of this scale, and we have partnered with Morrison & Foerster, LLP, a global law firm, who will be acting as the neutral party for our auctions. more

Hurricane Sandy Causes Major Impact on Internet Infrastructure in New York City and Beyond

The super storm has caused major power and Internet outages in a region that is home to more than 60 million people. Unsurprisingly, the impacts on Internet connectivity have been severe, reports Renesys. more

On Internet Centrality and Fragmentation

I attended a workshop on the topic of Internet Fragmentation in July. The workshop was attended by a small collection of Australian public policy folk, some industry representatives, folk from various cyber-related bodies, and those with a background in Internet Governance matters. It was a short meeting, so the perils of fragmentation were not discussed at length, as they often can be, but the concerns about the breakup of the essential bonds that keep the Internet together were certainly palpable in that meeting. more

The Net Neutrality Reversal Order: Why the FCC Will Prevail

It is now out -- all 539 pages entitled "Declaratory Ruling, Report and Order, and Order" (Reversal Order). As someone who has dealt with this subject matter at a working level over the past 40+ years, it seems clear that the FCC will readily prevail here and the protagonists need to move on. (Admittedly that is wishful thinking given the appellate revenue to be made and press blather opportunities.) The document from a Federal Administrative Law perspective is very thorough and well-crafted. more

Washington Post: ICANN Departures After Web Suffix Vote Draws Criticism. How Damaged is ICANN?

ICANN Chairman and other departures after the board's vote to approve the New generic Top-Level Domains (gTLDs) in Singapore draw criticism, reports The Washington Post. Shortly after the vote, Peter Dengate Thrush joined a New gTLD Group which stands to greatly benefit directly from this vote on the program he led on for nearly 3 years. This appears to have caused grave damage to ICANN's credibility internationally drawing international Press and Governments criticism over conflict of interest. more