Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more

Does the First Amendment Forbid Spam Filtering?

A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more

The Top 25 Global Websites from the 2015 Web Globalization Report Card

I'm pleased to announce the publication of The 2015 Web Globalization Report Card. Here are the top-scoring websites from the report... You'll notice that Google is once again ranked number one. The fact is, no other company on this list invests in web and software globalization like Google. While many software companies are happy to support 40 or even 50 languages on their websites, Google is looking at 60 or more languages across its many products. more

Big Brands Trying to Corner Generic Domain Namespaces?

Trying to make sense of the nearly 2000 new TLD applications is not something that anyone can do quickly. Sure, you can look at the list and see who has applied for what, but it's only when you actually read the "public" part of their submission that you can get an insight into their plans. Let's call a spade a spade. If a big brand wants to get its own TLD then it's pretty much their own business how they use it, as long as they don't do any "harm" to the rest of the internet ecosystem... more

The Internet as a Public Good

It is time to recognize the Internet as a public good - freely available like other basic infrastructures such as roads and sidewalks. In 1989 Tim Berners-Lee created the World Wide Web by taking advantage of open connectivity available among universities and research institutions. Today we see that same open connectivity within corporations, in our homes, and on university campuses. more

Voice Over IP – an Inflection Point

Voice over IP (VoIP) represents a sharp break from the traditional telephony. The story of VoIP is important in helping us think beyond the simplistic framing of a "digital transition". The first stage of any technology is emulating the old. Indeed, digital telephony was just like traditional analog telephony -- just FBC (Faster, Better Cheaper) but not fundamentally different. Merely changing from analog to digital isn't transformational in itself. But it creates the opportunity for transformation. more

NIST Publishes Guide for DNS-Based Email Security, Draft Open for Public Comments

The National Cybersecurity Center of Excellence (NCCoE) has invited comments on a draft practice guide to help organizations improve email security and defend against phishing, man-in-the-middle, and other types of email-based attacks. more

The Militarization of the Internet

Someone needs to take a good hard look at those Internet surveillance stories being strategically placed on the front page of the New York Times. There's a trail here, I believe, that's worth following. Here are some data points... there appears to be a deep interest in the ability to declare war online, as evidenced by cybersecurity research and public speeches by Herbert Lin, a key player who has worked on several cybersecurity reports for the National Research Council.
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ICANN, or ICAN’T or IWON’T?

We're halfway into ICANN71, and early interactions are posing questions about ICANN Org's capability to carry out its mission to maintain an orderly domain name system (DNS). Or, if that's not the case, ICANN leadership seems bent on a hands-off approach to its oversight responsibilities to the DNS. For years now - years - the ICANN community has raised the volume level about acute issues -- a workable Whois management and access system (including clearly delineated controllership)... more

Cloud Computing and Digital Divide 2.0

Internet connectivity is the great enabler of the 21st century global economy. Studies worldwide unequivocally link increases in Internet penetration rates and expansion of Internet infrastructure to improved education, employment rates, and overall GDP development. Over the next decade, the Internet will reinvent itself yet again in ways we can only imagine today, and cloud computing will be the primary operating platform of this revolution. more

Client-based WDS: Providing Application Acceleration in Mobile and VPN Environments

Wide-Area Data Services (WDS), aka "WAN Optimization" is becoming the most effective way to improve application performance while reducing network traffic. In scenarios where there is significant network latency that would otherwise render many applications unusable, WDS can deliver almost LAN-like speed. Where bandwidth constraints exist and there is no practical or economical option, WDS can help reduce network traffic, allowing you to postpone or avoid circuit upgrades altogether. The technology provides the ability to centralize applications and servers, furthering the cost savings on hardware, software licensing, maintenance and the operation of a distributed architecture. more

More on Story Behind .ASIA

James Seng, my good colleague in APEET, said: "...Chiao called .ASIA 'more or less like a joint venture among APxx organizations'. I say nonsense!" When I say more or less, I mean more or less... On this .ASIA entry, I've intended to use the language carefully at this moment 'cos I know someone will be watching... more

Gripe Site Triumphant Over AntiCybersquatting Consumer Protect Act Complaint

Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more

New Zealand’s Domain Name Commission Wins Injunction in a Lawsuit Against DomainTools

New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more

Low-Earth Orbit (LEO) Satellite Internet Service Developments for 2019

I posted reviews of important LEO-satellite Internet service developments during 2017 and 2018. I've been updating those posts during the years and have 16 new posts for 2019. In 2019 we saw four inciteful simulations, Leosat suspending operations and Amazon announcing the availability of a new ground station service and plans for a LEO constellation, progress in phased-array antennas but a lowering of expectations for inter-satellite laser links (ISLLs), new competition from China... more