The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. more
The so-called notice-and-take-down provisions of the Digital Millennium Copyright Act (DMCA) provide both a very effective tool for copyright owners to get infringing content removed from the Internet as well as an important protection for service providers (such as website hosting companies) that may inadvertently publish infringing material, either directly or via user-generated content. more
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more
Over the course of the last decade, in response to significant pressure from the US government and other governments, service providers have assumed private obligations to regulate online content that have no basis in public law. For US tech companies, a robust regime of "voluntary agreements" to resolve content-related disputes has grown up on the margins of the Digital Millennium Copyright Act (DMCA) and the Communications Decency Act (CDA). more
Joseph Menn has an article on CNN.com wherein the crux of the story is that US experts are closing in on the hackers that broke into Google last month. It is believed by some that the Chinese government sponsored these hackers. China, naturally, denied involvement. My own take is that tools today are sophisticated enough such that you don't necessarily need state sponsorship in order to launch a cyber attack. more
As we watch the Ukraine and Russia conflict over boundaries and territories, I chanced upon a YouTube video showing the region of Europe and how, for the last 1000 years, national boundaries and names of nations have changed where in 1142, you had nations like Muslim Spain, Kievan Rus. In 1143 the Kievan Rus included modern-day Ukraine and Crimea, and in 1163 bulk of Central and Southern Europe was the Holy Roman Empire... more
A recently passed American spending bill, known as H.R. 1, allocates $24.5 billion for fiscal year 2025 to fund a nationwide integrated air and missile defense system. Although the term isn't used in the legislation, the new system is referred to as the Golden Dome. There will be higher costs coming in later years. The Department of Defense has already set a target to be able to test the new system by the fall of 2027. more
I'm not sure that most people understand the extent to which our online experience has moved to the cloud -- and this movement to the cloud means we're using a lot more bandwidth than in the recent past. A huge number of online functions now reside in the cloud, when only a few years ago, a lot of processing was done on our computers. Take the example of Twitter, where I keep an account to upload a copy of my blog every day. more
I believe and strongly support Internet Principle and Right Coalition (IPRC) Charter is an important edition of document supplementing the principles and rights of individual internet users in any developing and least developed country. Especially in Asia Pacific region where the need and use of such document is immense, as there is a gap in recognition and awareness of rights of internet users. more
ICANN comes in for a lot of criticism. That's because people care very deeply about it. The multi-stakeholder model, of which ICANN is the exemplar, is such a radical and revolutionary departure from how global affairs have been managed in the past that many of us are constantly on guard lest ICANN degrade into the command-and-control structure that characterizes other global regulatory bodies. At ICANN, it's the volunteers, those who care (as well as, yes, those who are paid to pretend to care) who set policy more
Google has successfully created a nationwide (worldwide) fine-grained, targeted ad market by using queries to its search engine. The cable industry would like to be able to use its cable and broadband subscriber data to create a nationwide, fine-grained, targeted ad market. This race has substantial implications for the future of online video -- and online activity generally. more
The story of the growth of pre-paid mobile voice and SMS in Africa and the countries of the Gulf Cooperation Council is well known. The challenge is to move to mobile broadband, which is seen as having potentially explosive growth. Operators will need to create new value propositions, they face significant internal challenges and risk being displaced by rivals moving faster or better able to understand and meet the needs of customers... more
We all remember the nightmare of following the multiple versions of the "AGB" from the ICANN new gTLD program, and the time it took to get to the final version, which then took to allowing applicants to submit their new gTLD application, and which then took them to wait for their application to proceed... Welcome to version 0.5 of the next Applicant Guidebook. more
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