Within the next year, the ICANN Board may well face a decision that will help determine whether ICANN is capable of serving the global public interest or whether it is degenerating into an industry-controlled self-regulatory association. The issue can be framed quite simply: will ICANN approve a process for the creation of a new wave of new generic top level domains that will include "closed generic" gTLDs? more
Malaysia is advancing legislation for an internet “kill switch” aimed at curbing online abuse and illegal activities. This initiative, spearheaded by the country’s Law and Institutional Reform Minister Azalina Othman Said, seeks to hold social media and messaging platforms accountable for content disseminated through their services. more
Last week in Prague, the GAC (Government Advisory Committee) relentlessly hammered ICANN over a range of issues relating to the new gTLD program. And while their criticisms were legitimate, one has to wonder to what extent governments were punishing ICANN for past offenses. At the same time, the ICANN board and management seem to have finally - much belatedly - figured out how important it is to maintain a constructive and positive relationship with governments. more
Zango, a company that used to be called 180 solutions, has a long history of making and distributing spyware. (See the Wikipedia article for their sordid history.) Not surprisingly, anti-spyware vendors routinely list Zango's software as what's tactfully called "potentially unwanted". Zango has tried to sue their way out of the doghouse by filing suit against anti-spyware vendors. In a widely reported decision last week, Seattle judge John Coghenour crisply rejected Zango's case, finding that federal law gives Kaspersky complete immunity against Zango's complaint... more
ICANN's chairman says meetings offer special "circumstantial opportunity"; recent estimates peg average annual expense for attending at $30,000 per person. Oops - he's done it again. The latest blog update from ICANN's current board chair needs - no, it demands - a spotlight on what is revealed in plain and unashamed language. Indeed, this communique - along with another recent blog post that I've previously commented on - captures in exquisite relief what has gone terribly, horribly wrong at ICANN. more
Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more
Participants in the recently released Global Consumer described new generic Top Level Domains (gTLDs) as being "innovative", "trustworthy", "interesting", "informative", and "cutting edge". With such impressive descriptions, it appears that the industry has made significant progress in reaching the tipping point. Although Q3 reflects growth, it also highlights the varying degrees of performance and need for further advancement in developing consumer awareness and in turn, the health of the industry. more
A little over a year ago, the FCC approved the use of 1,200 MHz of spectrum in the 6 GHz band for public use -- for new WiFi. WiFi is already the most successful deployment of spectrum ever. A year ago, Cisco predicted that by 2022 that WiFi will be carrying more than 50% of global IP traffic. These are amazing statistics when you consider that WiFi has been limited to using 70 MHz of spectrum in the 2.4 GHz spectrum band and 500 MHz in the 5 GHz spectrum band. more
One of the consequences of the Jan 6th events is a renewed attention towards Surveillance Capitalism as a key doctrine undermining democracy. This 2-part series of articles discusses the emergence, rise, and fall of Surveillance Capitalism under the premise that the better we understand the danger at the door, the better we are able to confront it. more
Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more
With over 600 "dot Brands" applied for in 2012, and hundreds now launched, 2017 seems poised to be the Year of dotBrand! "dotBrands" are top level domains (TLDs) that use the brand name to the right of the dot, as in www.mabanque.bnpparibas or www.home.cern. Many large companies across nearly every industry applied, including Google, Amazon, Citibank, VISA, McDonalds, Sony, HBO, Alibaba, and Hermes. more
Canada's Anti-Spam Law, CASL, is now a done deal. Last Thursday, Treasury Board of Canada President (and champion of CASL) Tony Clement approved Industry Canada regulations in their final form. Today, Minister of Industry the Honourable James Moore announced CASL will come into force in July 1, 2014. more
AlpNames has been sent a notice of termination by ICANN. Unlike many termination notices that specify a future date, the one they were sent has an immediate effect. As reported in multiple fora over the last few days AlpNames had gone offline, and at time of writing still is. They've also become unresponsive. It's on the basis of this that ICANN decided to terminate their contract straight away. more
In today's rapidly shifting digital landscape, the question of whether the Internet can retain its foundational values has never been more urgent. As it increasingly permeates every aspect of human activity - from communication and commerce to governance and geopolitics - the Internet has evolved into both a shared global commons and a contested arena of power. At stake are its core values: global connectivity, openness, interoperability, decentralization, the end-to-end principle, robustness and reliability, and freedom from harm. more
In light of the ongoing Internet shutdowns, such as the recent government-ordered Internet disruption in Algeria aimed at curbing cheating during national exams, the Internet Society (ISOC) has unveiled a tool, the NetLoss Calculator. This tool calculates the economic costs of internet shutdowns, a feat that has been a significant challenge until now. more