Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more

Next gTLDs: 2016 or 2019?

On September 22, 2014, ICANN published an analysis of the review and assessment work that remains to be done before a new round of gTLD (generic Top Level Domain) applications can be initiated. According to the document, 2016 is the earliest a call for the next lot of applications to operate an Internet suffix could come. To many, a subsequent application window so soon after the 2012 round seems unrealistic. more

Precrime Regulation of Internet Innovation

In the sci-fi movie Minority Report, a 'precrime' police unit relies on the visions of psychics to predict future crimes, then arrests the potential perpetrators before they do anything wrong. In the world of Internet governance, the future is now, as regulators want online services to predict and prevent safety threats before they actually occur. more

Domain Related Crime: The 4 Steps of Effective Investigations

There is no rest for the wicked. If you think that 2018 was the climax of cybercrime, wait until you see what happens in the next few years as cybercriminals are constantly learning new ways to strike. Take for instance domain-related attacks now coming in a variety of forms. There's domain hijacking which involves gaining of access to domains and making changes without owners' permission. You have typosquatting where phishing is often utilized to steal valuable information. more

.com Is A Clear and Present Danger to Online Safety

"The Internet is the real world now." This assessment was offered by Protocol, a technology industry news site, following the very real violence on Capitol Hill during the counting of the electoral college votes that officially determines the next president of the United States. The media outlet went on to say that, "[t]he only difference is, you can do more things and reach more people online -- with truth and with lies -- than you can in the real world." more

Appearing Respondents Called Out as Cybersquatters

UDRP complainants prevail in the range of 85% to 90% which approximately correlates with the percentage that respondents default in responding to complaints. The annual number of complaints administered by ICANN providers has been hovering around 4,000 +. Astonishingly, the number has remained steady for a good number of years despite the phenomenal increase... Compared to the whole, there are a relatively small number of contested disputes, perhaps in the annual range of 400 to 500, and of those a larger percentage are called out as cybersquatters. more

Policy Advisory Board Model Now a Test of Multistakeholder Model

In early November 2013, prior to ICANN's Buenos Aires meeting, I published an article at this forum, Policy Advisory Boards – A Cornerstone PICS (Public Interest Commitment Specification), that extoled the advantages of adopting a Policy Advisory Board (PAB) model as a practical, effective, and least burdensome means of effectively implementing the request of ICANN's Governmental Advisory Committee (GAC) for consumer and competitive safeguards at sensitive new gTLD "strings" - especially those that are related to regulated industries and professions. It is deeply gratifying that the article has received nearly 9,000 views since first being posted and inspired considerable discussion. more

Maslow’s Hammer Meets the Software Defined Data Center

In my previous post, I talked about the significance of DNS in connection with the Software Defined Data Center (SDDC) and Software Defined Networking. Although the second generation DNS provisioning model I outlined should have seemed straight-forward enough, in real life it is anything but. In my view, the real-world complications of a seemingly trivial issue are largely related to how the network industry approaches IP addressing. more

Global Payments Breach Confirmation

This morning, Global Payments held a conference call with investors and analysts covering their earlier breach announcement and projected earnings. Global Payments had also released an update advisory yesterday stating that "the company believes that the affected portion of its processing system is confined to North America and less than 1,500,000 card numbers have been exported" and that only Track 2 card data may have been stolen. more

Threats to Internet Oversight Mount as Key Protection Expires

Before the US Government abdicates its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) it should take a long, hard look at the mounting efforts by world governments to assume greater power over the Internet's addressing system. If those efforts meet no further resistance, the once-theoretical threat of "capture" could become a reality. At the end of September, the Joint Project Agreement (JPA) between ICANN and the US Government is set to expire. The JPA is part of a decade-long agreement where the US transitions control of Internet addressing to ICANN. more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

IRT Final Report on Trademark Protection in New Top-Level Domains - Part 1: Uniform Rapid Suspension

The ICANN Implementation Recommendation Team (IRT) working group has published its final report, which I decided to analyze a bit further. I already made a few comments last month, both in the At-Large Advisory Council framework and on my own. There are several issues raised by the recommendations of this report. The Uniform Rapid Suspension system (URS) is one. more

Video: Google’s IPv6 Deployment Strategy

The IPv6 Act Now website, aimed at encouraging the adoption of IPv6, has featured a video today on Google's implementation of IPv6, which resulted in the launch of ipv6.google.com. In this video, Lorenzo Colitti, network engineer at Google, explains the planning, deployment, and future plans for making Google services available over IPv6. The best way to proceed with an IPv6 deployment, Colitti says is "to run everything on the same infrastructure." more

Cord Cutting in the US Continues in 4Q 2020

The largest traditional cable providers collectively lost over 1.3 million customers in the fourth quarter of 2020 -- an overall loss of 1.7% of customers. To put the quarter's loss into perspective, the big cable providers lost 14,158 cable customers per day throughout the quarter. The numbers below come from Leichtman Research Group, which compiles these numbers from reports made to investors, except for Cox, which is estimated. more

Securing the Core

BGP. Border Gateway Protocol. The de-facto standard routing protocol of the Internet. The nervous system of the Internet. I don't think I can overstate the importance, the criticality of BGP to the operation of the modern Internet. BGP is the glue that holds the Internet together at its core. And like so many integral pieces of the Internet, it, too, is designed and built on the principle of trust... The folks who operate the individual networks that make up the Internet are generally interested in keeping the Internet operating, in keeping the packets flowing. And they do a great job, for the most part. more