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

Could SNET Become Cuba’s Guifi.net?

In an earlier post, I described Havana's community network, SNET, and wondered what it could become if the government and ETECSA were willing to legitimatize and support it. Spain's Guifi.net provides a possible answer to that question. Guifi.net is said to be the largest community network in the world. It began in 2004 and has grown to have 34,165 nodes online with 16,758 planned, 407 building, 612 testing and 4,043 inactive. more

Recognizing ICANN’s Failures

The Internet Corporation for Assigned Names and Numbers (ICANN) has failed on a number of fronts, resulting in sub-par products and services in a global monopolistic environment. Failures will continue if not recognized and immediately addressed. Leadership is about the future, a journey into uncharted territory, and it requires vision supported by technical, operational, and mind-changing competencies. ... It does not require a rocket scientist to recognize that ICANN has fallen short because it lacks... more

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

DNA Auction Plan to Reinvest Money Into Industry

Love them or hate them, auctions are an unavoidable reality of the new Top-Level Domain (TLD) Program. By their very nature, they create winners and losers. All that is in doubt is where the money goes -- to the losing parties under a private auction model or to ICANN under their auction of last resort. There are pros and cons for both models. But what if there was another way? 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

Activists for Access to Medicines and Internet Rights Develop Brussels Principles for Online Sales

RightsCon, the world's leading summit on tech, society, and human rights has been called "the Davos of Digital Rights" (www.rightscon.org). At RightsCon 2017, the sixth event of the annual summit series on human rights in the digital age, the global human rights community came together in the heart of European politics and policymaking on March 29-31, 2017. More than 1,500 experts from 105 countries around the world, across diverse geographic and stakeholder lines, joined together to produce measurable outcomes on the most pressing and emerging issues threatening human rights in the digital age. more

Thoughts on the Open Internet - Part 6: Final Thoughts

Today we just don't have an "Open" Internet. The massive proliferation of network-based middleware has resulted in an internet that has few remaining open apertures. Most of the time the packet you send is not precisely the packet I receive, and all too often if you deviate from a very narrowly set of technical constraints within this packet, then the packet you send is the packet I will never receive. more

Holomaxx v. Yahoo and MS: The Hearing

I visited Judge Fogel's courtroom this morning to listen to the oral motions in the Holomaxx cases. This is a general impression, based on my notes. Nothing here is to be taken as direct quotes from any participant. Any errors are solely my own. With that disclaimer in mind, let's go. 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

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

ICANN: Keep the Core Neutral, Stupid

ICANN's travelling circus is meeting in San Juan, Puerto Rico this week. One of the main subjects of discussion has been the introduction of new generic Top-Level Domains (gTLDs), after a GNSO Report [PDF] proposed 19 "Recommendations" for criteria these new domain strings should meet -- including morality tests and "infringement" oppositions. ...It's important to keep ICANN from being a censor, or from straying beyond its narrow technical mandate. The thick process described in the GNSO report would be expensive, open to "hecklers' vetos," and deeply political... ICANN should aim for a "stupid core"... more

Charting the Balance between Trademark Owners and Domain Name Holders: A Jurisprudential Overview

Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations "to address cross-border trademark-abusive domain name registrations." ... The extensive process concluded in the Spring of 1999 with WIPO publishing a detailed report... more

SOPA Could Shutter Registrars and other Domain Name Industry Intermediaries

The Internet Commerce Association has just sent a letter to senior members of the House Judiciary Committee regarding the likely unintended but potentially devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited registrars and other participants in the broad domain name industry, as well as upon the domain registrants who use those services. more

SpaceX Launches “Second Generation” Starlink Satellites

In interviews last Spring, Elon Musk said the data throughput of the next version of Starlink satellite (Gen2) would be almost an order of magnitude greater than that of the first generation and that the new Starship rocket would be needed to launch them. Regulatory and engineering delays slowed Starship's progress, so the Gen2 satellites Musk referred to at the time have not yet been launched. more