Nothing to See Here

Three parallel events in US communications policy today, all reported on widely - but with a common thread. ... Law enforcement and national security officials want to make sure that they have the same ability to execute warrants and surveillance orders online that they had in the switched-telephone-circuit age -- which will mean substantial government design mandates for new software, hardware, and communications facilities. more

The FCC Under Trump - A Long Shot

In May 2013, President Obama picked Tom Wheeler to head the Federal Communication Commission. The Internet community generally disapproved because Wheeler had been a lobbyist for both the cellular and cable industries and a major contributor to the Obama campaign. Internet service providers AT&T and Comcast lauded the appointment and a few months later, the President was spotted playing golf with Brian Roberts, chief executive of Comcast. more

Is the URS Dying?

The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more

India’s Draft National E-Commerce Policy: A Bollywood Drama in Four Acts

India's recently published Draft National e-Commerce Policy, prepared by the Indian Commerce Ministry think-tank, can be read like the script of a four-act Bollywood drama... They were the dream couple: Princess India and Prince IT. She was full of cultural richness and diversity, with beauty, mystique and natural resources. She also a dark side. She harbored the world's largest number of impoverished people, with little infrastructure, and facing sparse economic prospects. more

Last Minute Surge of Opposition to VeriSign .NET Auto Renewal

The current .NET Registry Agreement between ICANN and VeriSign is due to expire on 30 June 2011. On April 11 2011 ICANN posted a proposed draft renewal agreement for public comment. Under the terms of the existing agreement, which contracted a 6 year term starting July 1 2005, renewal is automatic unless VeriSign commits some egregious breach of terms. more

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more

Fadi Chehadé Announces His Departure - What’s Next for Businesses at ICANN?

Last week, the CEO of ICANN, Fadi Chehadé, announced his intention to leave his position in March 2016, after almost four years as head of the organization. He plans to take a position in private industry, outside of the domain name space. Although the impact to the business community is unclear at this point, Chehadé's departure throws a spotlight on how important ICANN leadership can be in ensuring that business and brand interests maintain their voice in the Internet governance sphere. more

TPP IP Chapter Leaks Reveal New U.S. Proposed Regulations for Country-Code Domain Names

The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more

Scrutinize ICANN’s Thousand New-TLDs Limit

I am skeptical about how ICANN has arrived at a technical limit of a thousand new TLDs per year. The ICANN study driving this number must be made public so that our industry's risk management experts can size up the finding. Why am I skeptical? more

McCain Tech Plan: The Only Vision is Backward-Looking

So I've spent more time with the McCain tech plan today. At a time when this country is suffering economically and looking for fundamental change, it looks as if Sen. McCain is in the back office having lunch with a bunch of accountants. The heavy emphasis in the policy on tax cuts seems designed to appeal to people who equate lower taxes with progress. Haven't we already had years of that kind of approach? more

U.S. VoIP and Broadband Policy: Today’s Debate is Off the Mark!

Despite rather rapid growth in broadband access, the U.S. is falling further and further behind other countries -- we're now ranked #16 in the world. What's slowing the U.S. down? Two threads dominate U.S. broadband policy debate today. The first focuses on traditional telecom regulation -- reciprocal compensation, universal service, e911, and CALEA (wiretap capabilities). The second focuses on "Internet freedoms," i.e., guarantees that your broadband access provider won't block or inhibit specific applications like VoIP. more

ICANN Hires Black Hat Founder as New CSO

ICANN has apparently hired Jeff Moss (aka Dark Tangent) as CSO. Moss is a well known figure in the internet security community and was founder of Black Hat and the Def Con conferences. However isn't Moss a bit conflicted? Isn't he on one of the review teams? more

Zero-Rating and the Creation of Digital Castes

During the last Internet Governance Forum in Istanbul, a day was devoted to Net Neutrality with three panels devoted to the subject. The first was exactly about Zero-Rating: Net Neutrality, Zero-Rating & Development: What's the Data? the second was Network Neutrality: a Roadmap for Infrastructure Enhancement and last, the main session Network Neutrality: Towards a Common Understanding of a Complex Issue and Zero-rating was discussed on all three panels. more

Breaking Down Silos Doesn’t Come Easy

"We need to break down silos", is a phrase often heard in national and international meetings around cyber security and enforcing cyber crime. So it is no coincidence that at the upcoming NLIGF (Netherlands Internet Governance Forum), the IGF, but also an EU driven event like ICT 2013 have "Breaking down silos" and "Building bridges" on the agenda. But what does it mean? And how to do so? more

Thinking Carefully About New gTLD Objections: Legal Rights (4 of 4)

This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more