Predicting Domain Name Trademark Infringement

Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more

Defining Broadband

The FCC is seeking public comments to help create a better definition of "broadband". The effort is in relation to its development of a National Broadband Plan by February 2010 as part of the American Recovery and Reinvestment Act. Accurately noting that "broadband can be defined in myriad ways" and "tends to center on download and upload throughput," the FCC seeks a more robust definition. The definition will be part of the governance over those receiving funding for broadband development as part of the Recovery Act. This could get interesting. more

The Other Vote on November 4th

The vote that Federal Communications Commissioners are planning for November 4 is not as important as the voting we'll do on that day, but it does matter a lot to the future of the United States. Unless the forces opposed to progress manage to postpone FCC action (which they are trying very hard to do), the FCC could decide to set the stage for another generation of innovative products with which the US will strengthen its competitive position in global markets... more

Making Sense of MIIT’s Category of Telecommunications Services

This morning I read a catchy titled article on CircleID "China Closing the Door to New Technologies". I was trying to make sense of what all the fuss is about... So I called up my friends in Ministry of Industry and Information (MIIT) for lunch to find out what's going. more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. more

Dot UK, A No-Brainer!

British registry Nominet has launched a consultation on whether .UK should be opened up at the top level under a scheme called direct.uk. Currently, registrations are only allowed at the second level, .CO.UK being Britain's main Internet suffix. The question really isn't should this be done. The question is: why has it taken so long to get here? more

Spam Continues to Drop

The chart in this post shows the amount of inbound mail that we see, both spam and non-spam, over the past three and a half years. You can see in the above that the amount of good mail that we see has continued to increase over time. This is because of an increased customer base, not because the total amount of good mail worldwide has gone up... However, the amount of spam has plummeted from 23,000 in mid 2010 to 5000 now, a drop of over 75%. The contrast couldn't be starker -- spammers are not spamming as much anymore. It almost looks like the battle against spam is almost over. What's still left to do? more

Domain Name Registrars Ask ICANN for a “Moratorium” on Its New GDPR Policy

"Domain name sellers rub ICANN's face in sticky mess of Europe's GDPR," Kieren McCarthy reporting in The Register. more

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more

War of Words - the gTLD Weaponry

Why would the Association of National Advertisers (ANA), representing 400 member organizations and their 10,000 brands that spend $250 billion annually, be so wrong about ICANN's generic top-level domain (gTLD) program? They're complaining as if new gTLDs are being sold overnight in dark alleys with a no questions asked policy in exchange of a large suitcase filled with newly printed currency. This is definitely not the case, so what did they miss? more

The Mobile Messaging Wars - and Why Facebook Is Forcing Users to Use Its Messenger App

In the ongoing war for mobile messaging dominance and "what will replace SMS", Facebook has decided to annoy a serious part of their user base and force all mobile users to move to Facebook's separate Messenger app. In a short period of time, you will be forced to install the Messenger app if you want to send messages to Facebook friends while using your iOS or Android mobile phone. more

DNSSEC Becomes a Reality Today at ICANN Brussels

Attendees at the public ICANN meeting in Brussels today heard from over two dozen companies that have implemented or are planning to support DNSSEC, the next-generation standard protocol for secured domain names. It is clearer than ever before that DNSSEC is becoming a reality. more

What Legal Framework for Online Identity?

Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more

Easy Access to ICANN, IP Address Data Beats Info on Encrypted Data, Says Telstra Cybersecurity Head

When it comes to fighting cybercrime, "being able to easily access ICANN and look up IP addresses is a lot more important than accessing the minutiae of encrypted data communications," says Jacqueline McNamara, head of cybersecurity at Telstra. more

The Name Collision Conference

Earlier this week Verisign sponsored a two day conference on name collisions in the DNS. Despite the very short time frame in which it was organized, only a month from announcement to meeting, there were some very good presentations. I'll just hit some highlights here; all of the papers and slides are on their web site at namecollisions.net. Sunday morning started with a keynote by Bruce Schneier, who is not a DNS expert (and doesn't claim to be) but had some interesting observations on names in general. more