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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
In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more
In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response to three U.S. senators invokes the input of "end users from all over the world" as a way of explaining how the organization is driven. Regardless of the invocation of the end user (and it must be instinct) ICANN cannot seem to help reaching back and slapping that end user across the face. more
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more
A group of major ISPs and major content providers have agreed on a a mechanism to enforce copyright laws in the network. While full details have not yet been released, the basic scheme involves using previously designed IP flags to denote public domain content. That is, given general copyright principles, it is on average a shorter code path and hence more efficient to set the flag on exempt material. more
There was a compelling article in the Wall Street Journal (WSJ) the other day about ICANN and illegal online pharmacies. The result of a six-month investigation, the reporter, Jeff Elder, calls into question ICANN's effectiveness in investigating complaints of suspected illegal activity on domain names it has a contractual relationship with. Elder cites a recent incident where Interpol and the U.S. Food and Drug Administration tried to have 1,300 websites shut down because they were suspected of selling drugs without a prescription. more
Expect a charm offensive as Comcast and scores of sponsored researchers explain how acquiring Time Warner Cable will promote competition and enhance consumer welfare. You might not hear too much about two traditional concerns remedied by actual facilities-based competition: incentives to innovate and reduce prices. Comcast will frame its acquisition as necessary to achieve even greater scale to compete with other sources of video content and maybe to compete with the limited other sources of broadband access. more
The impact of the recently revealed US government data collection practices may go well beyond the privacy ramifications outlined in the Internet Society's statement: expect a chilling effect on global, resilient network architecture. As governments of other countries realize how much of their citizens' traffic flows through the US, whether or not it is destined for any user or service there, expect to see moves to curtail connections to and through the US. more
The awkwardly named International Telecommunication Union Telecommunication Standardization Sector (ITU-T) by any measure is a highly unusual body. It is the only global intergovernmental organization where Nation States produce detailed technical standards for telecommunications. Even more amazing is that it produces these standards for a field that is so dynamic and globally competitive as telecommunications. What is not well known is that the ITU-T was once a private standards body... more
The Stop Online Piracy Act (SOPA) and its defeat call attention to a delicious irony in public discourse on Internet governance. Even those who don't want the Internet to be an exception from traditional forms of regulation and law are forced to admit that something new and exceptional must be done to bring it under control, such as massive departures from traditional concepts of territorially bounded sovereignty through the use of in rem jurisdiction. more
Mainsleaze is nerdy slang for spam sent by large, well-known, otherwise reputable organizations. Although the volume of mainsleaze is dwarfed by the volume of spam for fake drugs, account phishes, and Nigerian 419 fraud, it causes work for mail managers far out of proportion to its volume... The problem with mainsleaze is that it is generally mixed in with mail that the recipients asked for, and there's no way to tell the difference mechanically. more
This is, of course, about the recent NYT article that showcases the results of Prof Stefan Savage and his colleagues from UCSD/Berkeley. As my good friend and longtime volunteer at CAUCE, Ed Falk, points out, this is a great find, but hardly a FUSSP. The nice thing about the fight against bots and spammers is these little victories people on "our" side keep having in an endless series of skirmishes and battles... more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more
In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more
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