Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more

Use STIX to Block Robocalls

It is one of those oddities that occurs around Washington from time to time. During the same hour today, the Federal Communications Commission (FCC) was meeting at its downtown headquarters trying to stop robocalls, while a large gathering of government and industry cybersecurity experts were meeting a few miles away at Johns Hopkins Applied Physics Lab advancing the principal means for threat information sharing known as STIX. more

The Three-Character Question at the Heart of Single-Character .COMs: W-H-Y?

In the matter relating to O.COM, I've focused on the fact that VeriSign has -- in correspondence to the organization that is counter-party to its .COM and transliterated .COM IDN Registry Agreements, in earnings calls with its investors and financial analysts, and in policy published on its website for every innocent and unsuspecting Tom, Dick, and Harry in the world to be duped by -- stated an unequivocal and unwavering commitment . more

ICANN to Reconsider the .Amazon Domain Applications

Amazon filed applications for the .AMAZON top-level domains in several scripts in 2012. Five years later, ICANN will re-examine the applications after an Independent Review Process (IRP) proceeding. The IRP Panel found that ICANN's Board failed to demonstrate the existence of public policy reasons for denying the applications. more

Balancing Rights: Mark Owners, Emergent Businesses, and Investors

Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Senate Report on 5G: Recipe for Disaster

The Democratic Staff Report Prepared for the use of the Committee on Foreign Relations United States Senate, July 21, 2020, entitled "The New Big Brother," is actually all about 5G technology. The report jumps on the runaway anti-China train chaotically flailing around Washington these days to "out-Trump, Trump." It characterizes 5G technology, longstanding international collaboration, and COVID-19 tracking as all part of a global conspiracy for "digital authoritarianism" run out of Beijing. more

Technology Fights Against Extreme Poverty

One of the good things about participating in the meetings of the UN Broadband Commission for Digital Development is seeing the amazing impact our industry has on the daily lives of literally billions of people. While everybody - including us - is talking about healthcare, education and the great applications that are becoming available in these sectors, the real revolution is taking place at a much lower level. more

What Makes a Good ESP?

There are a number of things that make a responsible Email Service Provider (ESP), including setting and enforcing standards higher than those set by the ISPs. One of the responsible ESPs is Mailchimp. (Full disclaimer, I do consult for Mailchimp.) This ESP focuses on businesses with small to medium sized lists. They screen new customers for source of permission as well as mail content. more

Amid Shutdown, Gab.com Claims Free Speech Infringement While Many Others View Them as Hate Site

The controversial site gab.com has been shut down by GoDaddy and given 2 days to move the domain elsewhere. The deadline expires at midnight tonight Irish time. In recent days the site has seen itself become increasingly disconnected as various service providers and online platforms including PayPal have shut the door to them. At present the site is displaying this notice... more

Scientists Transmit Terabits Per Second Through Air, May Replace Undersea Cables

Scientists from ETH Zurich and their European partners have demonstrated a groundbreaking capability for transmitting several tens of terabits per second, despite considerable air turbulence. This feat was accomplished with lasers over a distance between the Jungfraujoch mountain peak and the city of Bern in Switzerland. The technology could potentially eliminate the need for expensive undersea cables, currently forming the backbone of the Internet. more

The Death of Millimeter-Wave Cellular?

Apple recently announced that it is not building millimeter-wave spectrum antennas into the next generation SE iPhone. Interestingly, this is a phone sold by Verizon, which spent a year advertising on TV and showing us speed tests on cellphones that were receiving gigabit speeds. more

Ten Countries Face Significant Internet Disruption After African Coast to Europe Submarine Cable Cut

The ACE (African Coast to Europe) submarine cable that runs along the west coast of Africa between France and South Africa (connecting 22 countries), was damaged on March 30. more

The Internet Is for All

Over the past fifty years, participants in what began as the DARPA internet community have been turning out diverse technical specifications for TCP/IP network architectures and services. The first twenty years under government agency sponsorship were marked by rather free-wheeling sharing of ideas and collegial accommodation of divergent views typically found in most professional, academic activities. more

Vulnerabilities of Weak Marks and Uncurated Websites

Dictionary words, alone, combined as phrases, modified by other parts of speech, and single letters that function as marks also retain in parallel their common associations that others may use without offending third-party rights. As a rule of thumb, generic terms are not registrable as marks until they perceivably cross a threshold to suggestive and higher classifications. more

Internet Is Transforming Governments and Politics

All round the world we are seeing massive social changes in the way people interact with their leaders and with their political elite. In many cases governments and politicians seem to be behaving as though they are immune to the changes that are following on from these new grassroots-based democratic processes. They often do mention reforms and recommend reforms, but there is an equal need for them to transform their own sector and their own way of conducting politics and government. This applies to both the political leaders in developed and the developing economies. more