Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more

The Future of AI in Broadband: Impacts on Network Demand and Power Consumption

AI technology seems to be a hot topic in every industry, and broadband is no exception. It seems inevitable that AI will be used to help monitor and control complex broadband networks. It looks like the biggest ISPs are already phasing AI into the customer service process. Nobody seems to be able to answer the big question of whether AI will change the amount of broadband the average household uses. more

Is the Internet a Tobacco Product?

Audacity by federal policy makers can be admirable, at least in some cases, but it can a bit more problematic in others. A case in point is the Food and Drug Administration's "deeming" of the internet to be a tobacco product. The FDA explained that it was exercising its authority under the Family Smoking Prevention and Tobacco Control Act which gave the agency an extensive set of duties, responsibilities and authorities over "tobacco products." more

Google, Viacom, Privacy and Copyright Meet the Social Web

In all the recent uproar (New York Times, "Google Told to Turn Over User Data of YouTube," Michael Helft, 4 July 2008) about the fact that Google has been forced to turn over a large pile of personally-identifiable information to Viacom as part of a copyright dispute (Opinion), there is a really interesting angle pointed out by Dan Brickley (co-creator of FOAF and general Semantic Web troublemaker)... more

IANA Transition Set to Disrupt ICANN Operations

The US Government's decision to transition its oversight of the IANA function to a multi-national, multi stakeholder organisation is set to impact ICANN's standard operations. On April 25, ICANN Board Chair Steve Crocker send an email to the ICANN community leaders suggesting changes to the agenda for the upcoming 50th International ICANN meeting, set to be held in London from June 22 to 26. more

Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more

Kentucky vs. 141 Domain Names

Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more

Going Dark: How the Increasingly Dark Network Is Creating Some Pretty Ugly Choices for Site Security Administrators

I'd like to reflect on a presentation by Dr. Paul Vixie at the October 2022 meeting of the North American Network Operators Group (NANOG) on the topic of the shift to pervasive encryption of application transactions on the Internet today. There is a view out there that any useful public communications medium needs to safeguard the privacy and integrity of the communications that it carries.  more

The US-China Technology Cold War Battle Over Optical Communication in Space

The United States and its allies are in a technology cold war with China and its allies. This is evidenced by major battles like the US ban on Huawei and China's drive for technological independence and their global infrastructure program to create a digital silk road. (The cold war began under Trump, but President Biden is continuing it). There are other, less well-known battles like the battle over optical communication in space. more

Lessons Behind the Microsoft 3322.org Takedown

The Microsoft action against 3322.org, a Chinese company, started with the news that computers were infected during the production phase. Stepping away from the controversy surrounding the approach, there are important lessons that cyber security officials and upper management, deciding on the level of and budget for cyber security in organisations should learn and take into account. I'm writing this contribution from a premise: China uses the fact that most IT devices are built in China to its advantage. Allow me to start with an account from personal memory to set the stage. more

RIPE at 59!

RIPE, or Réseaux IP Européens, is a collaborative forum open to all parties interested in wide area IP networks in Europe and beyond... RIPE has been a feature of the European Internet landscape for some twenty years now, and it continues to be a progressive and engaged forum. These days RIPE meets twice a year, and the most recent meeting was held at Lisbon, Portugal, from the 5th to the 9th of October 2009. In this column I'd like to share some of my impressions of this meeting. more

Reducing Unreachable ICANN Registrations

Recently ICANN published a report on inaccurate registration data in her own databases. Now the question is presented to the world how can we mitigate this problem? There seems to be a very easy solution. ... The question to this answer seems simple. To know who has registered with an organisation. This makes it possible to contact the registered person or organisation, to send bills and to discuss policy with the members. more

Coronavirus Exposes China’s Deep Surveillance State

Surveillance cameras in China can detect fevers with infrared cameras to an accuracy within 0.3℃ and recognize faces even if they are wearing masks. more

The Rise of a Secondary Market for Domain Names (Part 1/4): A Tale of Competing Interests

The Trademark Act of 1946 defines trademarks and service marks to include "any word, name, symbol, or device, or any combination thereof." Marks composed of lexical and numeric elements (as opposed to images) also can be described as strings of characters. Before the Internet there was no commercial use of such strings other than as marks, but the functionality of the Internet depends on strings of lexical and numeric characters in the form of domain names that serve as electronic addresses. more

New Top-Level Domains Emerging

With all the buzz surrounding new Top-Level Domain (nTLDs) at the last ICANN meeting in Mexico, I am sure many of you have already encountered or read information regarding the latest applications. For those who haven't been staying abreast of the latest, here is a quick review... There are two different general types of TLDs -- gTLDs and ccTLDs. ICANN is now opening the possibility of adding further TLD extensions, which can virtually be anything... more