False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

ICANN, Civil Society, and Free Speech

Gordon Crovitz's Op-ed in the Wall Street Journal about the relationship between ICANN and the future of free speech quotes me a couple of times... Crovitz emailed me last week when he was researching his column. I was somewhat more critical of ICANN's status quo in our exchange than in the quotes he ended up using. Following are my full answers, emailed to him on Thursday. more

The Short History of the Internet: From ARPANET to the Metaverse

Last Saturday marked the 53rd anniversary of the Internet. While the vast majority of its five billion users have been online for less than a decade, the Internet was taken into use on October 29th, 1969, when two computers connected to the ARPANET exchanged a message. Although the Internet has been around for a while, it remained below most people's radar until the late 1990s when the dot com boom started. more

IP Addresses as Money

It's no secret that the supply of IPv4 addresses, on which the Internet has been based since the dawn of digital time, is rapidly running out. The official replacement is much larger IPv6 addresses, but I can report from experience that the task of switching is not trivial, and for a long time there will be a lot of the net that's only on IPv4. So once the initial supply of IPv4 addresses run out, and the only way to get some is to buy them from someone else, what will the market be like? more

OTT Threat to Telco’s Middleware Opportunities

I recently participated in two Comverse events, and once again the message was driven home to me about the enormous opportunities that lie ahead of the industry in the field of new telecoms applications. The middleware and cloud applications that are now appearing at the edge of the network will of course, be further developed once high-speed broadband becomes available, but already they are having an enormous impact on the telecoms market. The new user experiences that can be obtainable through these applications will enrich fast broadband networks beyond recognition. What we now have is, on the one hand, the Over-The-Top (OTT) applications that have conquered the world... more

The Myth of Population Density and the High Cost of Broadband

One of the enduring myths that is used by apologists for incumbent broadband operators as to the high cost of broadband in Canada and the US is our low population density.
Since Canada and the US have low population density compared to The Netherlands or South Korea, they argue that therefore the cost of delivering broadband will be significantly higher because of the much greater distances that need to be covered. more

This Is Not Your Father’s Traceroute Tool

Traceroute is a network tool that helps determine the path packets take as they travel from one location to another, identifying all of the "hops" along the way. I wonder why they are called hops*? Almost all operating systems have traceroute utilities built in. The command is just that "traceroute", Windows systems abbreviate the command as "tracert" to deal with the 8.3 file naming convention of old... So, let's look at what information traceroute gives you. more

The Economist: Data, the Oil of the Digital Era

In its latest print edition, The Economist calls the world's most valuable resource to be no longer oil, but data. more

Why I’m No Longer So Worried About ICANN

"No, the new gTLD program isn't ready!" ... "Yes, I was wrong on the Trademark Clearinghouse!" Fadi Chehadé showed some strong leadership qualities during last week's ICANN regional registry and registrar meeting in Amsterdam. Honesty and courage... What started out as a speech soon turned into a heart to heart. As he responded to questions, Chehadé made some surprisingly honest comments. more

Addressing 2010

It's January again, and being the start of another year, it's as good a time as any to look at the last 12 months and see what the Internet was up to in 2010. This is an update to the report prepared 12 months ago when looking at 2009, so lets see what has changed in the past 12 months in addressing the Internet, and look at how address allocation information can inform us of the changing nature of the network itself. more

What’s So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

Can Your Brand Afford to Not Have a dotBrand?

More than six hundred brands have applied for their own dotBrand (a new top level domain associated with a trademarked brand). These represent every segment of our economy: banks, tech companies, media, food, luxury goods, etc. Quite a few dotbrands have already gone live. The current application period is closed, but the next round will likely begin in 24 months or so. more

Verizon: Voice is Dying

Ivan Seidenberg, Verizon CEO, saying "voice is dying" is a defining moment in telecom history. He didn't use those words, but his comments at Goldman Sachs are clear "we have to pivot and make a shift from the voice business to the data business and eventually to the video business. ... we must really position ourselves to be an extremely potent video-centric asset." more

ICANN New gTLD Program SWOT Analysis: OPPORTUNITIES (Part 3)

The SWOT analysis (alternatively SWOT Matrix) is a structured planning method used to evaluate the Strengths, Weaknesses, Opportunities, and Threats involved in a project or in a business venture. The following is an attempt to apply the SWOT Analysis to ICANN's new gTLD program. more

Advancing Cyberstability: Protect the Public Internet Core and Improve Cyber Hygiene

The Paris Peace Forum (PPF), established by the French president Emanual Macron, was picked by the Global Commission for Stability in Cyberspace (GCSC) to launch its final report "Advancing Cyberstability" for good reasons: The Internet isn't just a purely technical issue with some political implications anymore. On the eve of the 2020s, the management of cyberspace is a global problem, a matter of international security, a question of war or peace. more