UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

Should “Fake” Oakley Websites Be Insulated From UDRP Law?

Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more

The Slow Mainstreaming of IPv6

Slowly, we’re making progress mainstreaming IPv6. I wanted to post on a few interesting developments. Late last month, Netflix got an IPv6 allocation from ARIN, and they’re advertising it in BGP... I look forward to the day I can stream movies to my Netflix set-top box over IPv6. more

IGF, WSIS 10+ & WIC: Three World Conferences for One Internet

In the last six weeks we could follow three world conferences on Internet issues. In November 2015 the 10th Internet Governance Forum (IGF) attracted nearly 5000 offline and online participants in the Brazilian Sea-Resort Joao Pessoa. In mid-December 2015, the governments of the 193 UN member states, together with a crowd of non-governmental stakeholders, finalized the review of the 2005 UN World Summit on the Information Society (WSIS) and adopted the WSIS 10+ outcome document. And nearly 2000 people from more than 100 countries did meet on December, 16 – 18, 2015 in the Chinese Water-Town of Wuzhen at the 2nd World Internet Conference (WIC). more

ICANN and the Data Quality Act: Part IV

This is the fourth part of a multi-part series reported by ICANNfocus. This part focuses on the Information Correction Process. "The Data Quality Act provides affected persons the right "to seek and obtain correction of information maintained and disseminated by the agency that does not comply" with the Data Quality Act and implementing guidelines. ...The Department of Commerce's National Telecommunications and Information Administration (NTIA) provides detailed instructions on how to request correction of information not meeting their Data Quality guidelines. NTIA is the operating unit of the Department of Commerce that is responsible for ICANN." more

ICANN’s Accountability Mechanisms – in Name Only?

On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... more

Guowang Finally Launches Ten Large Production Satellites

In April 2020, The Chinese State Council's executive meeting declared information technology, including satellite Internet, an important part of the "new technology," and in October, China applied for Guowang, a 12,992-satellite Internet service constellation. Subsequently, a few Guowang test satellites were launched, and two other large Chinese constellations were announced, and one, Thousand Sails, already has 54 satellites in orbit. (Thousand Sails launches have had problems with debris and orbit raising, which attests to the immaturity of the Chinese space industry). Finally, Guowang has launched its first production satellites. more

Rumor: Rod Beckstrom Next ICANN CEO

Sources indicate former director of the US Homeland Security Department's National Cybersecurity Center (NCSC), Rod Beckstrom, will be replacing the current ICANN CEO, Paul Twomey, who announced his resignation earlier this year. Milton Mueller in a blog post on the IGP website writes: "This is still unconfirmed by ICANN but comes from well-informed sources. We also hear that David Eisner, the CEO of the Corporation for National and Community Service under G.W. Bush and former VP at AOL, was also in the running." Beckstrom recently made headlines for his sudden resignation from his post at NCSC, criticizing the lack of funding from the NSA and its move to try to "rule over" the NCSC. more

News from the Authentication Summit in NYC

At The Email Authentication Implementation Summit in New York City last week, several major ISPs surprised attendees with their announcement that they are jointly backing a single authentication standard. Yahoo!, Cisco, EarthLink, AOL, and Microsoft got together and announced they are submitting a new authentication solution, DomainKeys Identified Mail to the Internet Engineering Task Force for approval as a standard. This is big news... more

TLD Operators: Cleaning Up Lame Delegations

ICANN's Security and Stability Advisory Committee (SECSAC) recently released some recommendations regarding the DNS infrastructure, specifying among other things, that sub-zone delegation be kept up-to-date. ...The SECSAC report doesn't mention, but I believe is trying to address, is the alarming fact that nearly 10% of the name servers listed in the root zone are lame, either they aren't authoritative for the zones they are supposed to be, or they are unreachable much of the time.
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Framing the Internet Governance Debate: The Long Road to WSIS+20 (2025)

Since the early 2000s, the global debate about Internet Governance did have its ups and downs. We did see the establishment of ICANN, the UN World Summit on the Information Society (WSIS), the making of the Internet Governance Forum (IGF), and the failure of the World Conference on International Telecommunication (WCIT). We did see NetMundial and the IANA transition. more

The Modern Encryption Debate: What’s at Stake?

The debate around encryption has become a hot topic in a world where communications are increasingly becoming digital. The modern encryption debate is a complex and nuanced issue, with many players from different backgrounds trying to influence the conversation. The question of balancing the need for national security with the right to privacy has been a matter of public debate for years. Only recently has the issue been framed in terms of encryption, but the discussion is certainly not new. more

Enhanced Confusion: The European Council and the Governance of the Internet

On November 1, 2014, the new European Commission started its work. One of the priorities of its new president, Jean Claude Juncker, is the digital agenda. The European Union wants to be a leader in the Internet world of tomorrow. Vice President Andrus Ansip from Estonia (some people spell the country name "e-stonia") and Commissioner Günter Oettinger from Germany will have special responsibilities to implement the big plans. Juncker was elected by the European Parliament, although the green light for his nomination came from the European Council. more

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

Is NIST’s Recent Letter on o.com a Bureaucratic Coup d’Etat?

Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... more