/ Recently Commented

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Voluntary Reporting of Cybersecurity Incidents

One of the problems with trying to secure systems is the lack of knowledge in the community about what has or hasn't worked. I'm on record as calling for an analog to the National Transportation Safety Board: a government agency that investigates major outages and publishes the results. In the current, deregulatory political climate, though, that isn't going to happen. But how about a voluntary system? more

Weaponizing the Internet Using the “End-to-end Principle” Myth

At the outset of the Internet Engineering Task Force (IETF) 100th meeting, a decidedly non-technical initial "Guide for human rights protocol considerations" was just published. Although the IETF has always remained true to its DARPA origins as a tool for developing disruptive new technical ideas, it launches into bizarre territory when dealing with non-technical matters. more

New gTLDs and Concept of a Universal Directory

The concept of a universal directory does not exist on the Internet. There are thousands of directories of all kinds and online Yellow Pages in many countries. All of these websites are different, accessed differently and operated differently: for example, Yellow Pages in France are different from their equivalent in Spain and Italy. There is no standard directory operated behind the same name worldwide. more

Transparency: The Internet’s Only Currency

I don't know about you, but I am angry. I am angry with the state of the world and our incapacity to do something about it. I am angrier because, in all this, I thought that the Internet would be the place where we would see collective action at its best. But, that's not going to happen. At least, anytime soon. Is it time to admit that the Internet has turned toxic? No. But, it is time to ask ourselves the question... more

Berners-Lee Talks Net Neutrality in Washington, “ISPs Should be Treated More Like Utilities”

Tim Berners-Lee is in Washington urging lawmakers to reconsider the rollback of net neutrality laws. more

UDRPs Filed - Brand Owners Take Note

After being in the domain industry for over 15 years, there aren't too many things that catch me by surprise, but recently a few UDRP filings have me scratching my head. Both ivi.com and ktg.com have had UDRPs filed against them, and I have to say for anyone holding a valuable domain name, it's a cautionary tale and one that should have folks paying attention to the outcome of each. more

The Hack Back Bill in Congress is Better Than You’d Expect

Rep's Graves and Sinema recently introduced H.R. 4036, the catchily named Active Cyber Defense Certainty Act or ACDC act which creates some exceptions to criminal parts of computer crime laws. Lots of reports have decried "hack back" but if you read the bill, it's surprisingly well targeted. The first change is to what they call Attributional Technology, and says it's OK to put bait on your computer for an intruder intended to identify the intruder. more

Google Now a Target for Regulation

The time was - way back around the turn of the century - when all Internet companies believed that the Internet should be free from government regulation. I lobbied along with Google and Amazon to that end (there were no Twitter and Facebook then); we were successful over the objection of traditional telcos who wanted the protection of regulation. The FCC under both Democrats and Republicans agreed to forbear from regulating the Internet the way they regulate the telephone network; the Internet flourished, to put it mildly. more

Former Yahoo CEO Marissa Mayer Apologizes for Data Breach, Blames Russian Agents

Former Yahoo CEO Marissa Mayer apologized today at the Senate Commerce, Science and Transportation hearing regarding massive data breaches at the internet company, blaming Russian agents. more

Enabling Privacy Is Not Harmful

The argument for end-to-end encryption is apparently heating up with the work moving forward on TLSv1.3 currently in progress in the IETF. The naysayers, however, are also out in force, arguing that end-to-end encryption is a net negative... The idea of end-to-end encryption is recast as a form of extremism, a radical idea that should not be supported by the network engineering community. Is end-to-end encryption really extremist? Is it really a threat to the social order? more

An Opinion in Defence of NATs

Network Address Translation has often been described as an unfortunate aberration in the evolution of the Internet, and one that will be expunged with the completion of the transition of IPv6. I think that this view, which appears to form part of today's conventional wisdom about the Internet unnecessarily vilifies NATs. In my opinion, NATs are far from being an aberration, and instead, I see them as an informative step in the evolution of the Internet, particularly as they relate to possibilities in the evolution of name-based networking. Here's why. 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

The FCC Robocall Proceeding: International Insularity

In March of this year, the Federal Communications Commission (FCC) adopted an initial Notice of Inquiry (CG No. 17-59) to mitigate robocalls. In July, it adopted a Second Notice. Mitigating spoofed telephone calls is a global problem which every country in the world has been addressing as part of a global ecosystem for many years in intergovernmental and industry bodies, in academic R&D and patent filings, and industry products with ongoing activity continuing today. more

Net Neutrality 101: Why ‘Title II’ Doesn’t Apply to Internet Transmissions

No baby boomers had been born when Congress enacted Title II of the Communications Act in 1934 as a means of regulating the Bell telephone monopoly, and the first Millennials were in elementary school when that monopoly was broken up in 1983. Title II was set to die along with plain old telephone service until the Obama administration decided Title II should be used to implement net neutrality -- the principle that consumers should have reasonable access to internet functionality. more