IRP Panel Sanctions Afilias, Clears the Way for ICANN to Decide .web Disputes

The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. more

Internet as Non-Kinetic WMD

With each passing day, a new public opinion article appears or U.S. government official pronounces how the open internet is abetting some discovered catastrophic effects on our societal institutions. In just one week, the examples include increased information on FSB & GRU attacks on electoral systems and infrastructure, Trump's obliging tactical destruction of societal norms and propagation of the QAnon cult, U.S government agency officials playing "cyber security spin-the-bottle" at press conferences... more

Washington Post: ICANN Departures After Web Suffix Vote Draws Criticism. How Damaged is ICANN?

ICANN Chairman and other departures after the board's vote to approve the New generic Top-Level Domains (gTLDs) in Singapore draw criticism, reports The Washington Post. Shortly after the vote, Peter Dengate Thrush joined a New gTLD Group which stands to greatly benefit directly from this vote on the program he led on for nearly 3 years. This appears to have caused grave damage to ICANN's credibility internationally drawing international Press and Governments criticism over conflict of interest. more

Celebrating the ITU’s Anniversary with “Abandonment”

The ITU is attempting to puff up some vestige of a value proposition this year by celebrating what its PR material purports to be the 150th anniversary. In reality, it has actually only existed as the ITU since 1934, and the pieces prior to that point stretch back 165 years to 1850. It was at that point that nations operating electric telegraph systems met at the first international meeting in Dresden to cobble together all the basic intergovernmental provisions that still exist today... more

On Internet Centrality and Fragmentation

I attended a workshop on the topic of Internet Fragmentation in July. The workshop was attended by a small collection of Australian public policy folk, some industry representatives, folk from various cyber-related bodies, and those with a background in Internet Governance matters. It was a short meeting, so the perils of fragmentation were not discussed at length, as they often can be, but the concerns about the breakup of the essential bonds that keep the Internet together were certainly palpable in that meeting. more

Amazon Gets FCC Approval to Deploy Its Project Kuiper Broadband Satellites

Today, the FCC has sided with Amazon in a regulatory battle over Project Kuiper, the company's satellite internet system. Despite objections from rival SpaceX, the commission has approved Amazon's plan to prevent the upcoming satellite internet constellation from causing orbital debris in space. more

Another Year, Another ICANN NomCom

Another challenging year due to the Corona pandemic is coming to a close, and ICANN has held another virtual annual general meeting (AGM) -- the 6th in a row. Unlike last year, today, we can hope for a better next year. In many regions of the world, the figures look better, and the opening is progressing. That at least gives us hope that ICANN will hold face-to-face meetings again next year -- at least they are planning it so. That should also make it easier for the new Nominating Committee (NomCom). more

45th Anniversary of the First Message Between ARPAnet Computers

Given that CircleID is about "Internet Infrastructure" it would be remiss if there wasn't a mention here that October 29, 2014, was the 45th anniversary of the moment when the first message was sent between two ARPAnet computers located at UCLA and the Stanford Research Institute (SRI). That moment was chronicled well this year by Matt Novak writing on Gizmodo's Paleofuture, complete with photos of the original logs and more. more

Conclusion: SLD Blocking Is Too Risky Without TLD Rollback (Part 4 of 4)

ICANN's second level domain (SLD) blocking proposal includes a provision that a party may demonstrate that an SLD not in the initial sample set could cause "severe harm," and that SLD can potentially be blocked for a certain period of time. The extent to which that provision would need to be exercised remains to be determined. However, given the concerns outlined in Part 2 and Part 3 of this series, it seems likely that there could be many additions (and deletions!) from the blocked list given the lack of correlation between the DITL data and actual at-risk queries. more

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more

The Net Neutrality Reversal Order: Why the FCC Will Prevail

It is now out -- all 539 pages entitled "Declaratory Ruling, Report and Order, and Order" (Reversal Order). As someone who has dealt with this subject matter at a working level over the past 40+ years, it seems clear that the FCC will readily prevail here and the protagonists need to move on. (Admittedly that is wishful thinking given the appellate revenue to be made and press blather opportunities.) The document from a Federal Administrative Law perspective is very thorough and well-crafted. more

Google Baloons and Telesat Satellites

Telesat will use Google's network operating system. Telesat is making progress. Within the last month, they announced a launch contract with Blue Origin, a successful antenna test with Ball Aerospace and completion of system requirements reviews, but perhaps more interesting is an agreement to use the software defined network (SDN) platform Google has developed for their Project Loon. more

Is Nomulus the Answer?

Google announced Nomulus: a tool to operate a new generic Top-Level Domains technically. In the world of new gTLDs, this announcement sounds like it is going to replace, or come as an alternative to backend registries. It could, but this sounding is incomplete... To create domain names ending in a brand new Top-Level Domain, an applicant had to submit an application to the Internet Corporation for Assigned Names and Numbers (ICANN) during the first round of the new gTLD program... more

Heritage Holding Anti-IANA Transition Event With Cruz

The Heritage Foundation are conservative, in the American political sense. So it's not surprising that they've been linked to some of the anti-IANA transition stuff coming from Ted Cruz and Co. Tomorrow they're holding an event, which is clearly not aimed at bolstering support on Capitol Hill for the IANA transition... While I, and many others, would find the entire "jeopardizing free expression and enterprise" angle to be total bunkum, it is aimed at tapping into US conservative fears. more

Protection of Intellectual Property: The Core of the Net Neutrality Debate

It didn't take long for criticism of the Verizon/Google net neutrality proposal to start pouring in. "nterest groups, bloggers, and even Google fanboys [have started] discrediting the plan" according to one trade publication. Although most of the commentary simply echoes various groups' long-held positions, the Electronic Frontier Foundation, the nation's foremost cyber-rights watchdog, provided a crucial insight about the plan that goes to the core of the net neutrality issue. more

• Bruce Levinson
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