Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more

Stumbling Forward Means Promoting IDNs

A couple of weeks ago during the 40th ICANN meeting in San Francisco I got up to talk at the microphone. I spoke about the needs of developing markets on the web, about the importance of focusing on the 56% of the world that doesn't use Latin character scripts and about the struggles they still face as they go about their everyday lives - chatting, shopping or when pushed, promoting regime change - all using the internet... more

Canada Migrates Its Domain .CA to Fury, a Homegrown Registry Platform

CIRA, Canada's .CA operator, today announced that it has successfully migrated the nations TLD to its homegrown domain registry platform it calls Fury. more

Call for Participation - DNSSEC Workshop at ICANN 59 in Johannesburg

Do you have ideas about DNSSEC or DANE that you would like to share with the wider community? Have you created a new tool or service? Have you found a way to use DNSSEC to secure some other service? Do you have new statistics about the growth or usage of DNSSEC, DANE or other related technology? If so, and if you will be in Johannesburg, South Africa, for ICANN 59 in June 2017 (or can get there), please consider submitting a proposal to speak at the ICANN 59 DNSSEC Workshop! more

Timing Is All: Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching, is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the mark in existence before the domain name was registered? Is complainant relying on an unregistered mark? What was complainant's reputation when the domain name was registered? What proof does complainant have that registrant had knowledge of its mark? Simply to have a mark is not conclusive of a right to the domain name. more

A Sigh of Relief for Brand Owners ...Not So .Fast

All indications from the ICANN meetings in Seoul are that significant delays for the release of new gTLDs (Generic Top Level Domains) are expected. According to Rod Beckstrom, ICANN's CEO, new gTLDs will be made available when, "we've adequately addressed the important issues that are on the table." These important issues include efforts to address malicious conduct, root scaling, economic analysis, trademark protections, and vertical separation as related to the new gTLDs. more

Part 2: Let’s Have an Honest Conversation About Huawei

In the first section of this piece, I argued that the anti-Huawei litany only makes sense when one realizes that it is the Chinese state, not a global telecommunication equipment manufacturer based in China, is the target of this attack. China, in this view, is an integrated monolith, and any Chinese firm can be ordered to do the government's will without any legal, political, or economic checks and balances. more

ICANN’s Comment Period on Accountability Process Seeks Scope Limitations

Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more

Computer Transactions, Not People, Are Driving the Need for All-Fibre Networks

Ever since we first became involved in developing policies and strategies for countries relating to what are now known as national broadband networks, we have argued that those taking part in the strategic decision-making processes of designing these networks should look, not at what broadband can do now, but at what high-speed broadband can do to assist countries to create the best opportunities for future developments. more

From Telegraph (1914) to Twitter (2014) - Are There Lessons to Be Learned?

Could the Great War have been avoided if leaders had gotten together and negotiated in person instead of exchanging telegrams? In the voluminous historiography of the origins of WWI, there is a very little on the role of the telegraph. Today, as Twitter takes its place conference rooms, we can learn a lot from the failure of telegraph diplomacy one century ago... The telegraph introduced the notion of 'virtual presence'; for the first time in human history, communication was detached from transportation. more

One Third of Companies Employing Staff to Monitor Content of Outbound Email, According to Survey

A recent survey of US companies conducted by Proofpoint has found companies increasingly concerned over data leaks via emplyee misuse of email, blogs, social networks, multimedia channels and text messages. From the report: "[A]s more US companies reported their business was impacted by the exposure of sensitive or embarrassing information (34 percent, up from 23 percent in 2008), an increasing number say they employ staff to read or otherwise analyze the contents of outbound email (38 percent, up from 29 percent in 2008). The pain of data leakage has become so acute in 2009 that more US companies report they employ staff whose primary or exclusive job is to monitor the content of outbound email (33 percent, up from 15 percent in 2008)." more

Google’s Loon Announces First Commercial Deal With Telkom Kenya to Provide Internet-by-Balloon

Google's sister-company Loon has announced its first commercial agreement with Telkom Kenya in order to deliver connectivity to the region using a network of giant balloons. more

Agriculture At High-Speed: Project Updates on Bridging California’s Rural/Urban Digital Divide

When farms are connected to the Internet, we all benefit. Agriculture that gains real-time information about plants, soil, atmosphere, and irrigation, dubbed "precision agriculture", can save farmers 20-30% of their water consumption while increasing productivity by 20-70%, according to Valley Vision. The San Francisco-Bay Area Internet Society Chapter is pleased to announce that we have started phase one of our collaborative project, "Bridging California's Rural/Urban Digital Divide with Mobile Broadband"... more

Neustar Acquires Bombora Technologies, the Holding Group for Ari Registry Services and AusRegistry

Neustar announces that it has acquired Bombora Technologies Pty Ltd (Bombora), based in Australia, for AUD $118.5 million, or approximately USD $86.9 million. Bombora and its subsidiaries, which include ARI Registry Services, provide registry services for a number of top-level domains (TLDs) including .au, .melbourne, .sydney, and over 100 new TLDs, including several in the Fortune 500. more

Call for Participation: Registration Operations Workshop at IETF-92

The next Registration Operations Workshop will take place at the start of IETF-92 on Sunday, March 22, 2015, at The Fairmont Dallas Hotel. The workshop will start at 12:30 p.m. CDT and will finish at 4:30 p.m. CDT. We are seeking proposals for Extensible Provisioning Protocol (EPP) extensions to be featured as part of the workshop, including existing extensions that people wish to register with the Internet Assigned Numbers Authority (IANA)... more