Domain Name Case Under ACPA Failed Because Trademark Was Not Distinctive

The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more

Civil Society Cautions Against ICANN Giving Governments Veto Over Geographic Domain Names

A group of twenty-four civil society organizations and individuals today submitted a joint statement regarding a proposal from an ICANN Governmental Advisory Committee (GAC) sub-group on the use of "geographic names" in top-level domains. The joint civil society statement cautioned against the adoption of the GAC proposal that would give governments veto power on domains that use "geographic names." more

CircleID’s Top 10 Posts of 2014

Here we are with CircleID's annual roundup of top ten most popular posts featured during 2014 (based on overall readership). Congratulations to all the participants whose posts reached top readership and best wishes for 2015. more

Haste Makes Waste: Comments on ICANN CWG IANA Transition Proposal Indicate Serious Process Problems

On December 1, 2014 the Cross Community Working Group (CWG) on Naming Related Functions published a Draft Transition Proposal. The comment period on the Proposal extended for twenty-one days; due to a requirement imposed by the separate IANA Coordination Group (ICG) that a final proposal be received by mid-January, there was no provision for a follow-up reply comment period as is standard ICANN Practice for issues of far less consequence. 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

Congress Will Oversight ICANN: And You Can Take That to the Bank

Even though the Internet Corporation for Assigned Names and Numbers (ICANN) plays a very important role in the global Internet ecosystem, its activities are not frequently mentioned in the mainstream international media; that is, until ICANN's name is mentioned alongside that of the US Congress in a US$1.1 trillion Omnibus spending bill. Since the bill was passed by the House of Representatives, the issue of ICANN has assumed a certain topicality and has attracted commentary from many pundits. more

Internet Governance Outlook 2015: Two Processes, Many Venues, Four Baskets

2015 has just started, but the calendar of events related to Internet Governance is already fully packed until the end of the year. The list of issues under discussion gets longer and longer and more and more people expect concrete results from the numerous meetings. Whether we will see the next stumbling step forward on the long march through the Internet Governance Ecosystem will depend to a high degree from the outcomes of two different, but interrelated processes which will overshadow the Internet discussion in 2015. more

Spamhaus Tells Us That Botnets Are Getting Worse

The Spamhaus Project just published a long article about the botnets they've been watching during 2014. As this chart shows, we're not making any progress. They also note that the goals of botnets have changed. While in the past they were mostly used to send spam, now they're stealing banking and financial information, engaging in click fraud, and used for DDoS and other malicious mischief. more

Dave Crocker and John Levine Discuss Current Dealings With Spam (Video)

During the M3AAWG meeting in Brussels earlier this year, Dave Crocker and John Levine were asked to step into an impromptu video studio and talk about how email has changed over the past several decades and whether we are any closer to resolving the spam problem. more

Are the TISA Trade Talks a Threat to Net Neutrality, Data Protection, or Privacy?

On December 17th a US proposal for online commerce in a major trade negotiation, the Trade in Services Agreement ("TISA") leaked. A flurry of press releases and opinion pieces claim that TISA is a threat to the Internet. The headlines are lurid: "TISA leak: EU Data Protection and Net Neutrality Threatened" and "Leaked TISA text exposes US threat to privacy, civil rights"... Because I've spent years in Geneva regularly meeting with and advising negotiators on the networked economy I have a very different perspective. more

We Are All Sony

"Nobody knows anything," screenwriter William Goldman (think "Butch Cassidy and the Sundance Kid" and "The Princess Bride") said famously of Hollywood. The same may be said of enterprise security. Word now comes that the Sony hack for which the FBI has fingered North Korea may, in fact, be the work of some laid-off and disgruntled Sony staff. But that's not clear, either. more

Did the DPRK Hack Sony?

My Twitter feed has exploded with lots of theorizing about whether or not North Korea really hacked Sony. Most commentators are saying "no", pointing to the rather flimsy public evidence. They may be right -- but they may not be. Worse yet, we may never know the truth. One thing is quite certain, though: the "leaks" to the press about the NSA having concluded it was North Korea were not unauthorized leaks; rather, they were an official statement released without a name attached. more

ICANN Targeted in Spear Phishing Attack

In an announcement on Tuesday, ICANN reports that it is investigating a recent intrusion into its systems. The agency believes a "spear phishing" attack was initiated in late November 2014. It involved email messages that were crafted to appear to come from its own domain being sent to members of its staff. more

Can Big Companies Stop Being Hacked?

The recent huge security breach at Sony caps a bad year for big companies, with breaches at Target, Apple, Home Depot, P.F.Changs, Neiman Marcus, and no doubt other companies who haven't admitted it yet. Is this the new normal? Is there any hope for our private data? I'm not sure, but here are three observations... This week Brian Krebs reported on several thousand Hypercom credit card terminals that all stopped working last Sunday. Had they all been hacked? more

The Value of Community Broadband

There are many voices calling for increased initiatives by municipalities to build and operate broadband internet infrastructure as a public utility, but until this week, very little in the way of economic analysis to fully examine whether the benefits justify the costs. A paper released this week finds that local efforts produce small economic benefits, but cause a notable increase in the size of local government. more