Loopholes and Ambiguities in Contracts that ICANN Oversees

ICANN oversees the creation of many contracts. Its highest paid contractor has historically been the law firm of Jones Day, and of course ICANN has many lawyers on staff. In the past I've identified loopholes in proposed contracts, and those were corrected before they were exploited. However, are there other loopholes sitting in existing contracts waiting to be exploited, or ambiguities with major financial consequences depending on their interpretation? more

Who Will Give Birth to the gTLD’s First Billion-Dollar Domain Baby?

When all you have is a hammer, everything appears to be a nail. The generic Top-Level Domains (gTLDs) are not just about trademark filing and battle posturing or cyber-squatting. They are about the potential to create unusual global intellectual properties offering multiple opportunities for rapid image expansion and - most importantly - the achievement of market domination via name identity. more

ANA “Vigorously” Opposes Implementation of ICANN’s New gTLD Program, Citing Major Flaws

In a letter to Mr. Rod Beckstrom, President, Internet Corporation for Assigned Names and Numbers (ICANN), the Association of National Advertisers (ANA) has expressed major flaws in ICANN's program for introducing new generic Top-Level Domains. A program which ANA warns would allow as many as 1,000 new Top-Level Domains in the first year and the same cap every year thereafter. more

To What Extent Will the US Broadband Stimulus Package Provide a… Stimulus?

The story of America's lacklustre broadband performance is relatively well known. Part of that story relates to its low broadband penetration levels when compared with other developed economies... Another aspect of the story relates to broadband speeds... in terms of broadband technology levels, the USA still trails behind leading countries such as Japan and Korea, and some European countries such as France and Italy, by a full generation. more

EFF and 26 Other Organizations Send Letter to Internet Society Urging It to Stop Sale of .ORG

EFF and 26 other organizations, including Wikimedia Foundation, Public Knowledge, National Council of Nonprofits, YWCA and YMCA, sent a letter today to the Internet Society (ISOC), urging it to stop the sale of the Public Interest Registry (PIR) -- operator of .ORG top-level domain -- to private equity firm Ethos Capital. more

A “G12” to Oversee ICANN? Not Likely

Viviane Redding, the Information Society and Media Commissioner for the EC posted a video blog this week noting that the JPA between ICANN and the US Department of Commerce ends this September. In it she proposes that ICANN be overseen by a "G-12 for Internet Governance" with 12 geographically balanced government representatives from around the world. That's such a non-starter that I'm baffled that she would even propose it... more

Security is a System Property

There's lots of security advice in the press: keep your systems patched, use a password manager, don't click on links in email, etc. But there's one thing these adages omit: an attacker who is targeting you, rather than whoever falls for the phishing email, won't be stopped by one defensive measure. Rather, they'll go after the weakest part of your defenses. You have to protect everything -- including things you hadn't realized were relevant. more

Public Private Cooperation: The Zeus Take Down Example

Microsoft took down a Zeus botnet recently. Within days it was publicly accosted by Fox-IT's director Ronald Prins for obstructing ongoing investigations and having used Fox-IT's data. This was followed by the accusation that Microsoft obstructs criminal proceedings... On top of all this EU Commissioner Cecilia Malmström announced that cooperation between law enforcement and industry will be forged in the European Cyber Crime Centre as of 2013. Coincidences do not exist. Why? more

Which Internet Extensions (gTLDs) to Apply For?

The number of possible new generic top-level domains (gTLDs) to apply for is daunting. Where do you start? This essay warns against some common pitfalls and outlines three logical steps that you need to follow in making your selection. Remember that there is money to be made in owning the right gTLD. Skeptics focus on the success, or lack of it, of previous expansions such as .name, .biz, and .info. They're using the wrong lens. more

ICANN Drifting Toward Online Content Regulation, Says Law Professor

In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more

Comcast Sneaks in Another Billing Line Item and “Earns” an Additional $1 Billion

My Comcast bill arrived today with a sneaky new $2.68 charge, $2.50 for leasing one (and only one) set-top box and $0.18 for the remote. This new billing line item, like the many others Comcast has introduced, adds to its bottom line with no additional capital expenditure. It shows how resisting the obligation to return to accepting set-top box free, "cable ready" sets was a smart strategy. more

Israeli Officials Dispute Claims of Stuxnet’s Joint US/Israel Effort

A few weeks ago, the New York Times published an article saying that the Stuxnet worm, which infected a large number of Iran's nuclear power plants, was a joint effort between the United States and Israel. The program began under former president George W. Bush and continued under President Obama. Last month, the Washington Post ran an article saying that the US and Israel collaborated in a joint effort to develop Flame and that work included Stuxnet. more

France Proposes Internet Tax - An Old War resurfacing

France is proposing an Internet Tax which was reported in the New York Times. The proposal if it follows through will affect the landscape of internet governance in days ahead. The Actual Report was commissioned by President François Hollande, which described various measures his government was taking to address what the French see as tax avoidance by Internet companies like Google, Amazon and Facebook. more

Some Random Notes from IETF 115

The IETF held its 115th meeting in London in November 2022. This was another in the set of hybrid meetings with specific support for online attendees in addition to the normal face-to-face meetings for the week. In no particular order, here are a few of my impressions from the IETF meeting. more

gTLD Contention Auction in May: Request for Comments

Many gTLD applicants with strings in contention have already heard about the Applicant Auction, a voluntary private auction for resolving string contention that my colleagues and I are organizing. In this post we'd like to share some updates on our progress. Most importantly, we realized that more than just an escrow agent is needed for the success of a private auction of this scale, and we have partnered with Morrison & Foerster, LLP, a global law firm, who will be acting as the neutral party for our auctions. more