Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more

China Closing the Door to New Technologies

2013 may be a promising year for global trade in technology with the kick-off of the International Technology Agreement expansion discussions, the Trans-Atlantic Trade and Investment Partnership, and as the Trade in Services Agreement gets going. But China calls its own tune, and is now threatening to restrict its market for Internet-enabled technologies through a clever device that could cost its trading partners billions. more

F2C: My Opening Remarks

Here are my opening remarks at F2C: Freedom to Connect yesterday: "I am honored to be among so many remarkable people. We have to be remarkable people, because we have a hell of a job to do. The Internet has been given to us. It is a miraculous gift, and a boon to our lives... at least in part because it accidentally matured outside the purview of profit and loss. Now the money has arrived. If you want to see what happens when the money arrives, look at Nigeria or Venezuela or Russia or Iraq..." more

ICANN 51: Los Angeles - Getting Ready for a Big 2015

Earlier this month, the Internet Corporation for Assigned Names and Numbers (ICANN) held its 51st public meeting in Los Angeles. Once again, MarkMonitor joined stakeholders from across the globe to discuss issues ranging from government control over the Internet, to key lessons learned thus far from the new gTLD rollout. This coming year promises to be a big one for ICANN, and for the business and brand community as a result. more

NTIA Directs Smoke Signals Toward LA

On September 25th-26th the Cross Community Working Group developing enhanced accountability measures to accompany the IANA functions transition, and replace the "backstop" role played by the U.S., will meet in Los Angeles to review the 90 comments filed on their second draft Proposal and consider responsive modifications... As NTIA will be the primary evaluator of whether the transition & accountability package that is eventually forwarded by ICANN meets the criteria it set when it announced the transition in March 2014, CCWG participants in LA will be carefully reading the tea leaves of this latest NTIA statement. more

Beyond White Spaces

Back in 1999 I wrote a column that envisioned the uses of digital wireless in the home. I compared two nascent, much-touted wireless protocols, Bluetooth and HomeRF. I completely, totally, slippery-dash missed Wi-Fi. There had been a public 802.11 spec since 1997. The first 802.11b devices, which made Wi-Fi popular, burst onto the scene in early 2000, just a few short months after my clueless insights. Today HomeRF is forgotten, Bluetooth is for ugly ear jewelry and Wi-Fi rulz... more

Can Mobile Operators Afford a Mobile-Only Strategy?

With 4G rollouts in many developed mobile markets reaching completion, it might be time to check the balance of the state of the mobile industry. Looking at campaigns around the world it is clear that what you see are 'me too' strategies. The advertising campaigns and the marketing hyperbole around them might suggest that a particular operator has now done something unique or very special, but if one looks beyond the advertising blurb it is clear that the campaign is nothing new and/or that what is on offer can be very easily matched by their competitors in the market. more

ICANN Takes a Wrong Turn on New TLD Contracts - “Post Signature Revision Process?”

The pen is mightier than the word...or should be. When ICANN Chairman Peter Dengate-Thrush --­ an accomplished attorney -- said last year that he wouldn't let one of his own clients agree to a contract that could be unilaterally changed after it was signed, the Internet community breathed a sigh of relief. But when the Chairman backed away from that stance earlier this week in Nairobi, it became clear that we should have held our breath a little bit longer. more

Should the EB-5 Investor Visa Program Recognize Cyber Workers?

The EB-5 Investor Visa Program was created by Congress in 1990 to "stimulate the U.S. economy through job creation and capital investment by foreign investors." The program, administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), provides that entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs. more

New Fear, Uncertainty and Doubt about Canada’s Anti-Spam Bill C-28

From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally. more

Is 5G Radiation Safe?

There is a lot of public sentiment against placing small cell sites on residential streets. There is a particular fear of broadcasting higher millimeter wave frequencies near to homes since these frequencies have never been in widespread use before. In the public's mind, higher frequencies mean a greater danger of health problems related to exposure to radiofrequency emissions. more

Is ICANN Leaving Africa Behind? Or Is It Really the Other Way Around?

As I prepare to jet off to Prague this weekend for the coming ICANN conference, I had to reflect back on the tumultuous year this has been in ICANN and the Internet world generally, especially as relates to Africa and Emerging Markets. And after all the smoke and fury, I had to ask: Is ICANN leaving Africa behind? Or could it be that it's exactly the opposite? That Africa is moving forward and ICANN is missing the party? more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more

Net Neutrality in the US Under Fire

John McCain has introduced a new legislation at the US Senate, which is called Internet Freedom Act... I agree with the statement about the governmental control and regulation -- we've done exactly this in Bulgaria, and the results are stunning (for the US user): today Bulgaria ranks No. 1 among the EU in number of users per capita who are connected to the Internet at speeds above 100 Mbps (in the US, the typical connection speed is 3 Mpbs), or 30 times faster than the US, and in many cases, people are connected via fiber, at 1000 Mbps, or 300 times faster. more

The Effects of the Forthcoming FCC Privacy Rules on Internet Security

Last week, the Federal Communications Commission (FCC) announced new privacy rules that govern how Internet service providers can share information about consumers with third parties. One focus of this rulemaking has been on the use and sharing of so-called "Consumer Proprietary Network Information (CPNI)" - information about subscribers - for advertising. The Center for Information Technology Policy and the Center for Democracy and Technology jointly hosted a panel exploring this topic last May... more