There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more
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
As I have blogged over the years, I have to give kudos to the folks at the big ISPs who have steadily provided controversial quotes that are worth writing about. The latest comes in an article by Linda Hardest at FierceTelecom. She quotes Charter's CEO Tom Rutledge talking about comparing cable broadband to fiber. She quotes Rutledge as saying... more
This morning M3AAWG announced the creation of the J.D. Falk award to recognize and honor people like J.D. who work to make the Internet safer for all users... J.D. was a legend in the abuse prevention world when I first started learning about spam and abuse prevention back in the late 90's. more
ICANN will hold the first Root Zone DNSSEC KSK Ceremony on Wednesday 2010-06-16 in Culpeper, VA, USA. ... Attendance within the key ceremony room itself will be limited to just those with an operational requirement to execute the ceremony. However, since this event has generated significant interest, we have made additional space available in an adjacent room for observers who wish to attend the event. more
There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more
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
There are a lot of theories flying around about why Twitter and other social media services got knocked offline yesterday. I've heard rumors about it being linked to political tension between Georgia and Russia. Others blame Iran for the outages. I'm not a political commentator, therefore I cannot comment on anyone's political views -- but I have some logic and common sense, and I can draw some objective conclusions. more
Gregory S. Shatan of Reed Smith writes: "Last week, ICANN (the organization that oversees the domain name system of the Internet) was busy with nothing less than the security and stability of the Internet. At ICANN's recent meeting in Durban, those of us attending heard a drumbeat of studies, presentations and concerns regarding "name collisions": the conflicts that will arise when new gTLDs go live and conflict with existing top-level extensions in private networks..." more
Since last fall, several waves of distributed denial of service (DDoS) attacks have targeted major players in the U.S. banking industry. JPMorgan Chase, Wells Fargo and PNC were among the first to sustain intermittent damage. Eventually, the top 50 institutions found themselves in the crosshairs... In the months to come, security experts would praise the banks' collective response, from heightened DDoS protection to candid customer communications.. these larger institutions have learned some painful lessons that smaller firms might heed as they seek to minimize risks. more
Do human rights come into the picture when technology and policy work are involved? If so, where? This is a question that has come up multiple times during the last dozen years, and occasionally even before, in Internet Governance discussions. These discussions have included debates on whether human rights were specifically applicable to protocol design or to the organizations developing protocol standards. more
Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission. more
Two events that happened last month deserve an additional note. One is the ICANN57 conference held in Hyderabad on November 3-9. The other is the 3rd World Internet Conference Wuzhen Summit held in Zhejiang Province on November 16-18. Though being completely overwhelmed by the result of President election in the United States, both events mark the victory of non-state actors and serve as good news for the community. more
Hackers have intensified attacks on government websites and media outlets, both on the Israeli and Palestinian sides. more
For many industry participants, the timing around opening the next round of new Top-Level Domain applications has been frustrating, to say the least. However, with the recent ICANN Marrakech meeting now complete, we thought it timely to provide an update for those who may be interested to apply in the next round or for those merely following the journey. more