Sanctions & The Regulation of IP Transfers

The early stages of internet development operated in a culture of independence from outside influence. In fact, as though to commemorate the spirit of the times, in 1996, John Perry Barlow wrote "A Declaration of the Independence of Cyberspace." In it, he told governments they "have no sovereignty where we gather." He went on to state, "Ours is a world that is both everywhere and nowhere, but it is not where bodies live." more

Connectivity Policy and the Open Internet

The goal of public policy for connectivity should be to assure access to our common facilities as a public good by adopting sustainable business models that don't put owners and users at odds with each other. Such balances are typically difficult to achieve which is what makes connectivity so unusual - we can achieve both once we fund the facilities as a public good apart from the particular applications such as telephone calls and cable content. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Important Milestone in IANA Stewardship Transition: NTIA Says Proposal Meets Criteria

Today, the global Internet community reached an important milestone. The US Department of Commerce National Telecommunications & Information Administration (NTIA) announced that the community-developed proposal to transition the stewardship of the Internet Assigned Numbers Authority (IANA) functions meets the criteria it set out in March 2014. more

Microsoft’s Datacenter in Wyoming Powered Entirely by Wind Energy

Microsoft has announced the purchase of its largest wind energy to date -- 237 megawatts of wind energy -- which will in turn allow its datacenter in Cheyenne, Wyoming to be powered entirely by wind power. more

FCC Open Internet Rules

At the Mobile World Congress in Barcelona, Tom Wheele, the FCC Chairman, gave a range of spirited responses to a grilling from the Director of the GSMA, Anne Bouverot. She was following the line of the telcos and questioned if the FCC intervention would stifle growth and investments in the market; however she had problems reconciling her position with the fact that, despite these regulatory changes, the American industry was still prepared to invest a whopping $45 billion in new spectrum. more

The .nyc Landrush Auctions: Adding Injury To Insult

New York City is in the midst of a two part Landrush for its .nyc domain names. First is a 60 day application period (August 4 – October 3) during which anyone with nexus -- basically city residents -- can purchase an available .nyc domain name... It doesn't even matter if a name has a NYS Trademark or d/b/a registration, those names too are fair game... There are significant problems with this process. more

Google Puts Its Foot Down

Google's announcement that it will "review" its business operations in China and is no longer willing to censor its Chinese search engine, Google.cn, is generating a range of reaction in China. Conversation over at the #googlecn hashtag on Twitter -- created shortly after the announcement -- has been raging fast and furious. more

New Harvard Study Recognizes Community-Owned Internet Service Providers as Value Leaders in America

Community-owned fiber networks provide least-expensive local "broadband," according to a recent study by Harvard's Berkman Klein Center. more

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more

New gTLD Application Monitoring? Now?

Why in the world would any company sign-up for a "New gTLD Application Monitoring Service" when ICANN intends to publicly post all applications on May 1st? Domain Name Watching and Trademark Watching Services make perfect sense when new registrations and applications are being submitted and granted on a daily basis. I think that we can all easily agree that trying to understand new domain name and trademark registrations without an automated service would be nearly impossible. more

Go Only for Big Bang gTLD Rebranding

If you're considering rebranding under a new gTLD, go with a comprehensive big bang. A recent study by professors Dale Miller, Bill Merrilees, and Raisa Yakimova ("Corporate Rebranding: An Integrative Review of Major Enablers and Barriers to the Rebranding Process") finds that success comes when senior management makes an unweaving commitment based on proactive analyses of the entire value-chain, with buy-in and input from employees and suppliers. more

Internet Access and the Missing Institutional Design

It's Friday, a day to tie some threads together. There were three announcements/events this week that are connected in a non-obvious way... These three elements go together in creating a picture of US policy towards Internet access at the beginning of 2008. Rather than seeing the Internet as an engine for economic growth, creativity, innovation, and new jobs -- and as the converged communications medium for the next generation -- current policy is to wait for private companies to decide when investment in access makes sense for them. Those private companies have plenty of incentives to shape access to suit their own business plans. more

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more

DNS Bug Disclosure: ICANN Releases New Guidelines

The Internet Corporation for Assigned Names and Numbers (ICANN) has released new guidance concerning the reporting and disclosure of bugs that affect the Domain Name System, including information of how ICANN itself will behave in response to vulnerabilities. Until recently, ICANN, which is responsible for maintaining the root domain servers at the heart of the DNS system, had no specific guidelines for the reporting of vulnerabilities, leaving responsible disclosure protocols up to the researchers who discovered the bug. more