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UDRP Complaints: Getting it Right the First Time; Second Chance With New Facts

UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. Michael Gleissner / NextEngine Ventures LLC the Panel concluded that the time between registration of the domain name and the filing of the complaint was too short for bad faith use... more

Aircell vs. VoIP

Last week American Airlines launched their Aircell wireless Internet access on a limited number of flights. It didn't take long before a few folks tried to make voice and video calls (in violation of Aircell's terms-of-service according to their PR folks), and it didn't take long before someone figured a way around their voice/video blocking efforts. more

Google Not the Only Company Testing Wireless Access by High-Altitude Balloons

Oceus Networks Inc., a mobile 4G LTE broadband networking provider, recently demonstrated the efficacy of a deployable 4G LTE solution on a high-altitude balloon platform, which can be used to rapidly provide broadband coverage and communications services to first responders within the first 72 hours following an emergency or natural disaster. more

“Non-Discriminatory” Broadband: Just Carriage, or Miscarriage of Justice?

The foundational idea behind "net neutrality" is one of fairness by constraining ISP power over network mechanisms. The theory is this: if there is "non-discriminatory" local traffic management, then you have "fair" global outcomes to both users and application providers. There are thousands of pages of academic books making this assumption, and it is the basis of recent EU telecoms law. more

Google’s “Deeply Disturbing Invasion of Privacy” Being Investigated by Connecticut AG

What happens to companies when they get too big for their own good? Do they inadvertently do things that potentially harm our privacy (think Facebook)? Or, do they simply make mistakes that violate our privacy? Well, last month Google revealed that its Street View cars "mistakenly" captured content flowing over wireless networks -- a potential invasion of privacy. more

World’s Growing Refugee Population Requires Access to Broadband to Mitigate Problems, Says Report

Many of the problems refugees and their host countries face can be mitigated and made easier to solve if internet connectivity gaps are closed, says a team of senior communications experts working with UN High Commissioner for Refugees (UNHCR). more

Is It Time for Social Networks to Adopt Some Trademark Protection?

The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more

Broken Policies

As an email policy wonk, I think a lot about how specific policy implementations can go wrong. Sure, every policy can go wrong, or not fit a common case. A lot of people only write polices that address common cases and don't worry about the rarer cases. The problem is there are some rare cases that may cause significant harm and those cases should be addressed. Consumerist has a case up about email policy gone wrong with a clear path to harm but no policy for handling the issue. There are a couple places I see where this policy hole can be fixed. more

What Would You Like to Ask at the ICANN Public Fora in Mexico City?

ICANN has its 34th international public meeting in Mexico City on 1-6 March i.e. in just over a fortnight. One of the consistent concerns I hear in my role as general manager of public participation for the organization is that there is not a way for people to ask questions to the staff and the Board. I don't think that's really true but I do accept that the formats used are not liked by a large number of people... more

Mid-Year .brands Review: 2017 Off to a Brilliant Start

If you've read my blogs in the past, you'll know that I'm really passionate about the benefits that .brands can deliver to organizations and their customers. We are now half way through 2017 which provides us with an opportunity to have a good hard look at the data and reflect on the last six months in the .brands space. Here is the punchline -- it's pretty damn impressive, and for a variety of reasons. more

Digital Sovereignty and Internet Standards

There have been a number of occasions when the Internet Engineering Task Force (IETF) has made a principled decision upholding users' expectations of privacy in their use of IETF-standardised technologies. (Either that, or they were applying their own somewhat liberal collective bias to the technologies they were working on!) The first major such incident that I can recall is the IETF's response to the US CALEA measures. more

The Perfect, the Good, and the FCC

It has been a busy week in U.S. communications policy, with an FCC meeting adopting important spectrum policy reforms, an FCC complaint about Comcast's approval policies for cable modems, and a dispute between Comcast and Level 3 over fees for Internet backbone traffic. And late last night, it got even more interesting. more

Australia to Block Domain Names That Host Extremist Content During Attacks

Following the Christchurch massacre in March which resulted in the killing of 51 worshippers at two New Zealand mosques, Australian Prime Minister Scott Morrison while attending the G7 summit in France, said the government will establish a new framework to block domains linked to violent attacks. more

Some Random Notes from IETF 115

The IETF held its 115th meeting in London in November 2022. This was another in the set of hybrid meetings with specific support for online attendees in addition to the normal face-to-face meetings for the week. In no particular order, here are a few of my impressions from the IETF meeting. more

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more