What It Takes to Prove Common Law Rights in UDRP Complaints

The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible and generally undefended. As the history lengthens, early registrants of dictionary word-, common phrase-, and arbitrary letter-domain names have been increasing challenged in two circumstances, namely by businesses who claim to have used the unregistered terms before respondents registered them and later by emerging businesses with no history prior to the registrations of the domain names. more

The Path Towards Centralization of Internet Governance Under UN: Part 1

This essay is the first of a three-part series, written by Anonymous, and published by the Publius Project of the Berkman Center for Internet and Society at Harvard University. It focuses on the steps of a possible roadmap for centralizing Internet governance under the United Nations. more

Comments on Economics Study of ICANN’s New TLDs

ICANN has taken another crack at the question of the economics of launching new top-level domains (TLDs). The first report that the group commissioned on the subject was greeted by a loud and unhappy uproar. Now we have the preliminary draft of a new report, this one by professors Katz, Rosston, and Sullivan. It is insightful and analytic, but the final version needs to consider the theoretical and empirical issues... more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

Record $89B in China Means 2020 +4% Sales, $10B Profit

The US war on Huawei brought down sales internationally, but China's 700,000 5G cells and explosive cloud growth meant Huawei had an up year. The chip blockade did hurt in Q4 and will continue to hold down sales in 2021. Huawei has sufficient reserves to outlast the United States until China catches up in chip production. Perhaps the most important figure in the financial report was the $55 billion cash. Another $10 billion will come in from the sale of Honor/Glory. more

ICANN May Not Be Perfect, But It Is Working

Though I have been critical of some of ICANN's shortcomings, I remain a strong supporter of ICANN's role as a private sector-led, multi-stakeholder global regulator for the Internet's core addressing systems. My recent blog post about my concerns with the communications processes relating to the addition of the first Arabic script IDN ccTLDs has been quoted in an ITU Staff Paper prepared for the ITU Council Working Group on the World Summit on the Information Society, to be held in Geneva tomorrow. This document seems to suggest... more

Collisions Ahead: Look Both Ways before Crossing

Many years ago on my first trip to London, I encountered for the first time signs that warned pedestrians that vehicles might be approaching in a different direction than they were accustomed to in their home countries, given the left-versus-right-side driving patterns around the world. (I wrote a while back about one notable change from left-to-right, the Swedish "H Day," as a comment on the IPv6 transition.) more

SpaceX Set to Launch Jupiter 3, the World’s Largest Commercial Communications Satellite, on Falcon Heavy Rocket

SpaceX is set to make history this Wednesday, July 26, by launching the largest commercial communications satellite to date, the Jupiter 3, using its Falcon Heavy rocket. more

Thinking Ahead on Privacy in the Domain Name System

Earlier this year, I wrote about a recent enhancement to privacy in the Domain Name System (DNS) called qname-minimization. Following the principle of minimum disclosure, this enhancement reduces the information content of a DNS query to the minimum necessary to get either an authoritative response from a name server, or a referral to another name server. more

US Court Upholds FCC’s Net Neutrality Repeal But Says States Can’t Be Barred from Passing Own Rules

A U.S. court decision today determined net neutrality laws could return at the state level overruling Trump administration's effort to block states from passing their own net neutrality laws. more

A 60% Rise Reported on Malware Designed to Harvest Consumers’ Digital Data, aka Password Stealers

A significant rise has been detected in the use of malware aimed at harvesting consumer data, known as password stealers. more

Failure in ICANN’s Governance Framework

The legitimacy of the ICANN multistakeholder model and its governance framework are facing an existential threat requiring immediate attention. The recently announced results of the ICANN Nominating Committee highlight how the ICANN Board is captured by "affiliated" directors, which threatens its independence and ability to act for the public interest. 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

Network Neutrality Becoming a Major Concern for Europe’s Governments

There is no single definition of network neutrality, though generally it is recognised as the principal that there should be no restrictions by fixed and mobile ISPs, or governments and the like, in providing consumers with access to internet networks. Nor should there be restrictions or discrimination against associated content and platforms. A number of European regulators and governments are now making forthright statements defending the principal. more

When a UDRP Panel Infers Bad Faith from An Asking Price

In the Converse.co dispute, a three-member UDRP panel unanimously ordered the transfer of the disputed domain name to the Complainants, All Star C.V. and Converse, Inc., owners of the well-known brand CONVERSE for shoes and apparel. The panel drew the inference that the Respondent, by setting of an asking price of around $300,000 after having acquired the domain name for $306, was primarily motivated by a bad faith intent to target the Complaint. more