Cyber Diplomacy History at Foggy Bottom: The Latest Chapter

Foggy Bottom is the local affectionate name for the U.S. State Department -- because of its location near a former low-lying Potomac River lagoon in Washington DC. It recently announced the appointment of Nate Fick as the head of its "Bureau of Cyberspace and Digital Policy," pending Congressional approval because it is wrapped up with ambassadorial status. The term "cyber" in this international diplomacy context has come to include all manner of electronic communication and information systems and services, i.e., ICT. more

Thoughts on the Toys “R” Us Acquisition of Toys.com

Using the purchase by Toys "R" Us of Toys.com as an example, I outline the problems that come with using the popular ascending auction design and point out some of the potential strategic uses and signals of the domain name acquisition. Toys “R” Us paid $5.1 million in February 2009 for Toys.com. It outbid five others, including National A-1 Advertising and Frank Schilling... more

Our New Infrastructure

Today, there is demand for more broadband as people realize the importance of being connected to the Internet, whether to access websites, stream entertainment, attend school, attend family events, work remotely, and so much more. This demand has been driven by the success of today's Internet. It is now time to recognize the Internet as infrastructure. The Internet's best-effort approach has allowed us to share the abundant capacity latent in the existing facilities by converting all traffic into packets. more

What Legal Framework for Online Identity?

Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more

New gTLDs: Will Application Developers Be Ready In Time to Secure User Confidence?

Last week I pointed out a potential problem with the user experience, if, as envisioned, a large number of new generic Top-Level Domains (gTLDs) are added to the root at the same time. The problem I was referring to has nothing to do with the new gTLDs themselves. Rather, it's about the lack of any updated procedures and communication campaigns to application and software vendors. The objective would be to alert them in time and equip them to swiftly update their programs... more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. more

GCIG Releases Final Report, ‘One Internet’

Monika Ermert reporting in the IP Watch: "On the eve of the third internet-related Ministerial Meeting of the Organisation for Economic Development and Cooperation (OECD) starting tomorrow in Cancun, Mexico, the Global Commission on Internet Governance (GCIG) published a think report on 'One Internet.' Calling for a new 'social compact' for the internet, the 140-page report that was fed by 50 research studies has a number of well-known recommendations, some surprisingly technical and some interesting ones." more

Unintended Consequences of Submarine Cable Deployment on Internet Routing

The network layer of the Internet routes packets regardless of the underlying communication media (Wifi, cellular telephony, satellites, or optical fiber). The underlying physical infrastructure of the Internet includes a mesh of submarine cables, generally shared by network operators who purchase capacity from the cable owners. As of late 2020, over 400 submarine cables interconnect continents worldwide and constitute the oceanic backbone of the Internet. more

IPv6 Day a Couple of Days After

June 8th IPv6 World day came and went without any major glitches, let alone disruption of the internet, and witnessed varying traffic fluctuations depending where on the net observations were made. From a Tata Communications AS6453 perspective, a global tier 1 IP wholesale network, data gathered by a number of probes gave an interesting pulse on what happened in some major international arteries of the internet. more

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

Facebook’s “Supreme Court” Has Implications for International Law

Last year, Facebook created its widely dubbed "Supreme Court" (officially the Oversight Board) in an effort to outsource some of the platform's most difficult content decisions. By all accounts, Facebook hoped the Board would have global legitimacy to make the toughest content decisions and help avoid reputational damage for being biased, arbitrary, tone-deaf, or worse. more

New gTLD Auctions and Potential Unintended Consequences

Auctions will play a critical role in ICANN's new generic Top-Level Domain (gTLD) process, the only question is whether they reinforce ICANN's position as a steward of a global public resource, or undermine it. Auctions are one of two widely used mechanisms used in the allocation of scarce global resources, the other being a comparative analysis (aka beauty contest). ... This paper seeks to highlight those potential unintended consequences and propose a more equitable model consistent with ICANN's role as a steward of public global resource. more

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more

War of Words - the gTLD Weaponry

Why would the Association of National Advertisers (ANA), representing 400 member organizations and their 10,000 brands that spend $250 billion annually, be so wrong about ICANN's generic top-level domain (gTLD) program? They're complaining as if new gTLDs are being sold overnight in dark alleys with a no questions asked policy in exchange of a large suitcase filled with newly printed currency. This is definitely not the case, so what did they miss? more

The Path Forward: Accountability Through the IANA Transition

It's clear that the US government is intent on dropping its legacy contractual role for the IANA functions. Whatever your views on the wisdom or timing of that decision, the challenge now is to ensure that the transition leaves ICANN in the best possible position to succeed. Arriving yesterday to the island nation of Singapore felt strangely appropriate. Over the past week I've been one of the lonely people in the ICANN community to express concern about the US government's decision. more