The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. more

The Results of the ICANN Bingo Are In!

A few early technical hiccups with the system streaming it live did not prevent ICANN's prioritization draw from running smoothly yesterday, December 17, 2012. All 1917 remaining applications (out of initial 1930 announced last June) were processed in one of the meeting rooms at the Los Angeles Airport Hilton, starting at 13:00 local time. Shortly before midnight, or more than 10 hours later, Google's Dot MBA was the last application to be pulled out of the box. more

A DNS View of Lockdown

At NANOG 79 earlier this month Craig Labowitz from Nokia Deepfield presented on the impact on the COVID-19 pandemic on Internet use. The approach to the analysis used real-time streaming telemetry from Communication Service Provider (CSP) backbone and aggregation routers, and the data analysis covered content provider networks in North America, Europe and parts of Asia. more

What Is the Purpose of ICANN’s Comment Periods?

Almost every institution which purports to provide space for public accountability includes some sort of formalized process by which the public can have their say. And in almost every instance, they struggle with a tension between the desire to provide a commenting process which is meaningful and substantive (or, at least, which appears to be so), and a desire to adopt whatever course of action the institution thinks is best. more

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more

Psst! Do You Know Anyone Developing Blockchain Applications?

The International Trademark Association's Blockchain Subcommittee is interested in meeting companies working on Blockchain applications related to intellectual property. The Blockchain Subcommittee's mission is to explore the use of blockchain technology in trademark prosecution, maintenance, protection, and practice, including the opportunities and threats to the value of trademarks, brands, and consumer trust in emerging blockchain technologies. more

Value or Love for New gTLDs?

ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. more

Next Steps in Preparing for Post-Quantum DNSSEC

In 2021, we discussed a potential future shift from established public-key algorithms to so-called "post-quantum" algorithms, which may help protect sensitive information after the advent of quantum computers. We also shared some of our initial research on how to apply these algorithms to the Domain Name System Security Extensions, or DNSSEC. In the time since that blog post, we've continued to explore ways to address the potential operational impact of post-quantum algorithms on DNSSEC, while also closely tracking industry research and advances in this area. more

Outdated Whois Information Might Lead to False Light Tort: Meyerkord v. Zipatoni

It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. more

ICANN’s New TLDs: Of Course There Will Be an Auction - Part 1

The process for ICANN's new TLDs says that if there are several equally qualified applicants for a TLD, and they can't agree which one gets it, ICANN will hold an auction to decide. Recently some people have suggested that the applicants could use a private auction instead. Well, of course. In a situation like this, the question isn't whether there will be an auction, but only who will keep the money. more

IBM to Acquire Red Hat, Plan to Provide Open Approach to Cloud

IBM and Red Hat, leading provider of open source cloud software, announced today that IBM will acquire all of the issued and outstanding common shares of Red Hat representing a total enterprise value of approximately $34 billion. This changes everything about the cloud market, says Ginni Rometty, IBM President and CEO. "IBM will become the world's #1 hybrid cloud provider, offering companies the only open cloud solution that will unlock the full value of the cloud for their businesses." more

FBI Takes Down ‘Genesis Market’ Cybercrime Store: Dozens Arrested Worldwide

Today's FBI action against Genesis Market is the latest in a string of coordinated efforts to take down bot shops and other services that enable cybercrime. Earlier this year, the FBI seized Webstresser.org, a DDoS-for-hire service that was thought to be responsible for launching a massive attack against the City of Atlanta in 2018.  more

Google Explains What They Mean by “Net Neutrality”

Google has launched a new Public Policy Blog focused on U.S. government legislation and regulation -- reported in the media as part of Google's efforts in setting up focus on the U.S. government since early 2005. In an entry posted over the weekend on the blog by Richard Whitt, Washington Telecom and Media Counsel, key argument within the net neutrality debate is explained... more

VeriSign Director Charged with Securities Fraud

Bloomberg is reporting that Gregory Reyes is facing criminal and civil charges in relation to securities fraud. Reuters and the Mercury News also have coverage. "Former Brocade Communications Systems Inc. Chief Executive Officer Gregory Reyes became the first CEO charged in the U.S. probe of the backdating of stock option grants to create lucrative employee pay packages." more