Canada’s Anti-Spam Law Coming Into Force July 01, 2014

Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more

Generic Top Level Domain Insights for Q3 2015

Participants in the recently released Global Consumer described new generic Top Level Domains (gTLDs) as being "innovative", "trustworthy", "interesting", "informative", and "cutting edge". With such impressive descriptions, it appears that the industry has made significant progress in reaching the tipping point. Although Q3 reflects growth, it also highlights the varying degrees of performance and need for further advancement in developing consumer awareness and in turn, the health of the industry. more

Malaysia Plans Internet “Kill Switch” to Curb Online Abuse

Malaysia is advancing legislation for an internet “kill switch” aimed at curbing online abuse and illegal activities. This initiative, spearheaded by the country’s Law and Institutional Reform Minister Azalina Othman Said, seeks to hold social media and messaging platforms accountable for content disseminated through their services. more

2017: The Year of dotBrand

With over 600 "dot Brands" applied for in 2012, and hundreds now launched, 2017 seems poised to be the Year of dotBrand! "dotBrands" are top level domains (TLDs) that use the brand name to the right of the dot, as in www.mabanque.bnpparibas or www.home.cern. Many large companies across nearly every industry applied, including Google, Amazon, Citibank, VISA, McDonalds, Sony, HBO, Alibaba, and Hermes. more

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more

Can SpaceX Launch 30,000 Second-Generation Starlink Satellites? Maybe

The bottom line is that success is not guaranteed, but neither is failure -- there is a non-zero probability of success. On May 26th, SpaceX applied for permission to launch 30,000 "second-generation" Starlink broadband Internet satellites. (Note that the software on Starlink satellites is updated about once a week). The application narrative states that the second-generation satellites will be configured... more

Emergence, Rise and Fall of Surveillance Capitalism, Part 1: Emergence

One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more

Do I need DDoS protection? A Realistic Look at the Decision Process

There has been a recent spate of well publicised Distributed Denial of Service (DDoS) attacks that bring websites down and render them useless, including Evernote and most recently Feedly. In light of this, here are some comments and tips to help companies evaluate and prepare not to be held for ransom or suffer lost reputation and sales as a result. more

ICANN Facing Critical Choice for Plan to Change DNS Cryptographic Key

While the majority of ICANN's Security and Stability Advisory Committee (SSAC) have given the organization the green signal to roll, or change, the "top" pair of cryptographic keys used in the DNSSEC protocol, commonly known as the Root Zone KSK (Key Signing Key), five members of the committee advised against the October 11 rollover timeline. more

The Pay-To-Play Reality of ICANN’s Inclusion Illusion

ICANN's chairman says meetings offer special "circumstantial opportunity"; recent estimates peg average annual expense for attending at $30,000 per person. Oops - he's done it again. The latest blog update from ICANN's current board chair needs - no, it demands - a spotlight on what is revealed in plain and unashamed language. Indeed, this communique - along with another recent blog post that I've previously commented on - captures in exquisite relief what has gone terribly, horribly wrong at ICANN. more

Quantifying Internet Shutdowns: ISOC Introduces the NetLoss Calculator

In light of the ongoing Internet shutdowns, such as the recent government-ordered Internet disruption in Algeria aimed at curbing cheating during national exams, the Internet Society (ISOC) has unveiled a tool, the NetLoss Calculator. This tool calculates the economic costs of internet shutdowns, a feat that has been a significant challenge until now. more

Everything You Should Know About a TLD Business Case, But Didn’t Know to Ask

Applying for a new Top-Level Domain (TLD) is an expensive and lengthy process, costing an estimated $500K for application and various legal and professional services. Central to the application is the business case. Even though ICANN requires an albeit simple version, most applicants must have a credible business case, especially if they need to secure internal approval, or more importantly attract and secure outside investment. Given the truth to the maxim "if you fail to plan, you plan to fail," some closer scrutiny of your business plan will pay dividends in the long-term... more

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more

ICANN Terminates AlpNames

AlpNames has been sent a notice of termination by ICANN. Unlike many termination notices that specify a future date, the one they were sent has an immediate effect. As reported in multiple fora over the last few days AlpNames had gone offline, and at time of writing still is. They've also become unresponsive. It's on the basis of this that ICANN decided to terminate their contract straight away. more

Why Saving the NomCom Means Saving ICANN Itself

ICANN's 2012 Nominating Committee (NomCom) selections are out. After a yearlong process, the NomCom has selected new members for the ICANN Board (3 seats), the GNSO and ccNSO Councils (1 seat each) and ALAC (2 positions). For those unfamiliar with it, the NomCom is in theory independent of other ICANN bodies such as the Board and exists to help fill leadership positions on them. more