Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

Cisco: P2P Flat in North America? Some Experiencing Major Growth

North American p2p went from 370 petabytes in 2006 to only 416 petabytes in 2007 according to Cisco's figures. Since U.S. users increased 16% in the same period, that's a drop in p2p per user and a significant drop in p2p as a percentage of all traffic. There's a major margin of error in these figures, so I'm calling it "flat." That's very different from pre 2007 experience, when p2p grew rapidly. It severely contradicts what many in Washington D.C. are saying... more

DNSSEC Adoption Part 3: A Five Day Hole in Online Security

Implementing security requires attention to detail. Integrating security services with applications where neither the security service nor the application consider their counterpart in their design sometimes make plain that a fundamental change in existing practices is needed. Existing "standard" registrar business practices require revision before the benefits of the secure infrastructure foundation DNSSEC offers can be realized. more

Goo Goo Goggles: 700MHz Spectrum Auction and the U.S. Taxpayers

Scott Cleland claims the open access rules on 700MHz spectrum triggered by Google's bid fleeced the US taxpayer by $7bn. I don't buy it, even as a signed-up fully-paid network neutrality opponent. Firstly, the numbers ignore economics. If the C block was encumbered, that would raise the prices of the A and B blocks. So you need to take a much smaller differential as to the cost of the encumbrance. more

FCC to Classify Text Messaging as Information Service to Fight Spam Texts, Others Oppose the Move

The FCC has unveiled two proposals as part of its plan to help reduce unwanted phone and text spam however the move is challenged by consumer advocacy groups. more

A Consociational Bureau for the Internet Governance Forum

The principle that Internet governance "is a joint effort which requires cooperation and partnership among all stakeholders" (Geneva Declaration of Principles, para 20) has become axiomatic since it was first agreed at WSIS, and is fundamental to the IGF as a "new forum for multi-stakeholder policy dialogue" (Tunis Agenda, para 72). However at the same time as this principle has been universally embraced, some of its implications, that would require the four stakeholder groups identified in the Tunis Agenda to collaborate on the development of joint policy recommendations (Tunis Agenda para 72(g)) have met with resistance. That the strongest resistance has come from those stakeholders with the greatest investment in the existing Internet governance regime... more

New TLDs Are Coming, and They Are Coming Fast

Despite what you may have read about possible delays to the rollout of the new Top-Level Domain (TLD) program, all the available evidence points to ICANN approving the applicant guidebook shortly after its San Francisco conference in March. My feelings about the timing of the new TLD program were further buoyed by Kurt Pritz, ICANN's Senior Vice President of Stakeholder Relations, who gave a presentation at the .nxt conference I attended in San Francisco this week. Mr Pritz said the applicant guidebook is currently in a "proposed final" version and should be approved after ICANN's San Francisco conference in March. more

ICANN’s New gTLD Process: Hype and Reality

At its 32d International Junket Meeting last week, ICANN's Board approved the GNSO Council's recommendations for the eventual addition to the root of new generic top-level domains (gTLDs). This means that eventually, when the staff drafts, community comments upon, and Board approves implementation processes, those with deep pockets will have the opportunity to bid for new TLD strings... more

Facebook to Invest Over $1 Billion in Its First Asian Data Center in Singapore

Facebook today announced its plan to invest more than $1 billion in building its first data center in Asia. It will be located in Singapore and scheduled to open in 2022. 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

Addressing Anticompetitive Behavior in Internet Standards Bodies

A significant focus is emerging today on the anticompetitive behaviour of Silicon Valley companies directed at dominating critical sectors of the on-line marketplace, and a U.S. Congressional hearing is scheduled. Such practices can be pursued in many ways. One of the more elusive, but very effective anticompetitive playbooks - known legally as the "antitrust conspiracy" - can occur in internet standards bodies. more

60 Minutes Investigates Cybersecurity and the Reality of Sabotaging Critical Infrastructure

CBS's 60 Minutes aired a special report last night investigating how hackers can get into the computer systems that run crucial elements of the world's infrastructure, such as the power grids, water works or even a nation's military arsenal. From the report: "At the Sandia National Laboratories, Department of Energy security specialists like John Mulder try to hack into computer systems of power and water companies, and other sensitive targets in order to figure out the best way to sabotage them. It's all done with the companies' permission in order to identify vulnerabilities. In one test, they simulated how they could have destroyed an oil refinery by sending out code that caused a crucial component to overheat." 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

An Attack on WiFi Spectrum

A little over a year ago, the FCC approved the use of 1,200 MHz of spectrum in the 6 GHz band for public use -- for new WiFi. WiFi is already the most successful deployment of spectrum ever. A year ago, Cisco predicted that by 2022 that WiFi will be carrying more than 50% of global IP traffic. These are amazing statistics when you consider that WiFi has been limited to using 70 MHz of spectrum in the 2.4 GHz spectrum band and 500 MHz in the 5 GHz spectrum band. 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