Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. more

NTIA Awards IANA Functions Contract to ICANN

The U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) announced today that it has awarded the Internet Assigned Numbers Authority (IANA) functions contract to the Internet Corporation for Assigned Names and Numbers (ICANN). The IANA functions are key technical services critical to the continued operations of the Internet's underlying address book, the Domain Name System (DNS). more

Amazon, Google, And The Prospect of Closed gTLDs - Don’t Believe the Hype

There have been a lot of complaints leveled at companies like Amazon and Google who have applied to register a number of new gTLDs. The criticism is that the public will not benefit from having Amazon own .book, .store, .you, and .grocery if they only use it for their own purposes and don't open them up to sell domains to the broader public, and that allowing these companies to own generic registries will hurt their competitors in that space. Although these arguments are not without merit, there are also positive aspects to having established companies own gTLDs. more

Critical Look at New gTLD Registries’ Tactics

This post outlines some faulty decisions by new gTLD registries. The purpose is to guide future expansions and, hopefully, adjust some of the decisions that current registries have adopted, including demand prediction, pricing, marketing, doing good versus not doing good, and launch date... GTLDs that have no competition do not need to race to launch. They have the luxury of waiting to better assess prices and postpone investments in capacity. more

Is the New Top-Level Domains “Technical Issue” a Harbinger of Future gTLD Issues?

Does the "technical issue" announced today in ICANN's TLD Application System (TAS) and the subsequent extension of the submission deadline call into question the stability and integrity of the new gTLD program? This development underscores the notion that ICANN could consider a more metered and staged approach to the introduction of gTLDs... more

CALEA Roundup: 2005-2007

The wrangling around the Communications Assistance to Law Enforcement Act (CALEA) is one of those issues that creeps inexorably forward and is hard to follow unless you're really focusing. So here is a quick, if longish, overview: CALEA is a 1994 statute that requires telephone companies to design their services so that they are easily tappable by law enforcement in need of "call-identifying information." Back in August 2005, following a request from the Dept. of Justice, the Commission moved swiftly to impose CALEA obligations on providers of broadband access services and "interconnected VoIP" services... more

Multistakerholderism and Its Discontents: A Reply

Twenty years after multistakeholderism helped save the Free Internet and present-day Internet governance from a potentially existential crises, the term is again triggering some strong emotions. There are very real questions around definitions, accountability, participation, and even legitimacy in all multistakeholder models. Within Internet governance, there are declared enemies of the multistakeholder approach... more

Finland Legislates Universal Broadband

Finland's national broadband strategy (NBS) was set up in 2004 by the Ministry of Transport and Communications with the practical goal of increasing the number of broadband connections. The strategy, part guided by the EU's i2010 'Broadband for all by 2010' plan which focuses on rolling out broadband through a range of measures while promoting competition in and between networks, included an implementation program of 50 separate measures. Broadband access in sparsely populated and rural areas was to be supported by structural funds from the EU and central government. more

ICANN Takes “Fail” To A Whole New Level

Today is April 12 2012. It's also meant to be the day that the new TLD application window closes. Now it's not. ICANN has spectacularly failed to manage the new TLD process and will miss its own deadline by over a week... In a rather badly worded announcement ICANN states that it's extending the deadline for online applications (the only way to apply) until April 20th at 23:59 UTC. more

Cross-Pollination in Cyberspace and the Internet Governance “Spaghetti-Ball”

In mid-May 2020, UN-Secretary General Antonio Guterres will present a "Roadmap for Digital Cooperation". This will be another milestone in the discussion on the future of cyberspace, pushed further forward by the UN High Level Panel on Digital Cooperation (HLP), co-chaired by Jack Ma (AliBaba) und Melinda Gates (Microsoft Foundation) The HLP Final Report presented five groups of recommendations. Discussion started during the 14th IGF in Berlin... more

New York Times Sues FCC for Net Neutrality Records Concerning Possible Russian Involvement

The New York Times Co. filed a lawsuit today against the Federal Communications Commission concerning records the newspaper alleges may shed light on possible Russian participation in a public comment period before the commission rolled back Obama-era net neutrality rules. more

Why Businesses Aren’t Hanging Up Landlines Yet

There was a recent article in the Wall Street Journal that noted that the business world still uses a lot of landline telephones. Landline telephones have been steadily disappearing from homes, but are still not gone. I see ISPs still selling a telephone line to 10% or more of passings, and surveys show that the average residential landline penetration rate is still somewhere between 15% and 20%. more

The $100 Billion National Broadband Plan for America

The new Biden Administration in the USA laid out a $100 billion proposal for broadband investment as part of its $2 trillion+ infrastructure plan. Under the proposal, the plan is to provide national broadband coverage. The Administration will use better competition measures, such as price transparency, the use of public utility infrastructure, and subsidies for low-income households to achieve its goals. more

DNSSEC is But One Link in the Security Chain

As the implementation of DNSSEC continues to gather momentum and with a number of ccTLDs, and the '.org' gTLD having deployed it into their production systems, I think it is worth pausing to take a look at the entire DNSSEC situation. Whilst it is absolutely clear that DNSSEC is a significant step forward in terms of securing the DNS, it is but one link in the security chain and is therefore not, in itself, a comprehensive solution to fully securing the DNS system. more

Internet Bigger Than Agriculture or Energy Sectors - Importance of R&E Networks

Several months ago McKinsey did a very interesting study on the economic value of the Internet. They pointed out that Internet in the G8 countries as well as Brazil, China, India, South Korea, and Sweden is now bigger than agriculture or energy. The Internet represents 3.4% of GDP and accounted for 21 percent of GDP growth over the last five years among these developed countries and as Vint Cerf pointed out in his blog created 2.6 jobs for every one lost. more