Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

The UK Retail Telecom Sector Again Shows Results of Effective Regulation

The UK's regulator has undertaken much commendable work in recent years, which has helped to establish the country's telecom sector as one of the most competitive and vibrant in the world. The regulator stood up to BT's intransigence in the early days of Local Loop Unbundling (LLU), enforcing the creation of BT Openreach in January 2006 to operate as the company's wholesale division. The results have been very impressive... more

Google Responds to Criticisms Over Proposed Net Neutrality

Responding to recent controversies over Google-Verizon deal, Richard Whitt, Google's Washington Telecom and Media Counsel writes: "Over the past few days there's been a lot of discussion surrounding our announcement of a policy proposal on network neutrality we put together with Verizon. On balance, we believe this proposal represents real progress on what has become a very contentious issue, and we think it could help move the network neutrality debate forward constructively. We don't expect everyone to agree with every aspect of our proposal, but there has been a number of inaccuracies about it, and we do want to separate fact from fiction." more

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Lies, Damn Lies, and Anti-Spam Vendor Press Releases

There's a lot of chatter about a recent study purporting to show that 29.1% of internet users has bought something from spam. As ITWire reported, "Marshal were not only interested in how many people were purchasing from a spam source, but also what goods and services they were buying. Perhaps less surprisingly this revealed that sex and drugs sell well online." But at downloadsquad, Lee Mathews discovered the shocking truth: "the survey only involved 600 people." more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress. more

The Internet as a Public Utility

I recently attended a workshop on Lessons Learned from 40 Years of the Internet, and the topic of the Internet as a Public Utility in the context of national regulatory frameworks came up. For me, 40 years is just enough time to try and phrase an answer to the big policy question: Has the Internet been a success in the experiment of using market forces to act as an efficient distributor of a public good? Or has it raised more issues than it has addressed? more

Popular RSS Reader Feedly Suffers Back to Back DDoS Attacks, Held for Ransom

Popular RSS reader Feedly has been hit by major distributed denial of service (DDoS) attacks beginning 2:04am PST on Wednesday causing the service to be completely down for several hours two days in a row. (Second attack still undergoing as of the time of this post.) more

Facing Up to the Generational Privacy Divide

Last week hundreds of privacy regulators, corporate officers, and activists gathered in Jerusalem, Israel for the annual Data Protection and Privacy Commissioner Conference. ... Many acknowledged that longstanding privacy norms are being increasingly challenged by the massive popularity of social networks that encourage users to share information that in a previous generation would have never been made publicly available for all the world to see. more

Telecoms Competition on a Downhill Slide in America

That is what happens when you base your telecommunications policies on the wrong foundations. The problems with the telecommunications industry in America go back to 1996 when the FCC decided that broadband in America should be classified as internet (being content) and that therefore it would not fall under the normal telecommunication regulations. Suddenly what are known as telecommunications common carriers in other parts of the world became ISPs in the USA. How odd is that? more

Oracle Announces Agreement to Acquire Sun Microsystems

Brandon Bailey reporting on Mercury News: "In a surprising twist, Sun Microsystems announced this morning that it will be acquired by Oracle in a deal worth roughly $7.4 billion, or $5.6 billion net after accounting for Sun's cash and debt. The news comes just a few weeks after earlier talks for IBM to buy Sun [link] collapsed..." more

U.S. Court Overrules Attempt to Seize Iran’s, Syria’s and North Korea’s Domains

In a landmark ruling, a U.S. federal court has agreed with the Internet Corporation for Assigned Names and Numbers (ICANN) that the country code Top-Level Domains (ccTLDs) are not property subject to attachment and thus overruled an attempt to seize Iran's, Syria's and North Korea's domains as part of a lawsuit against those countries' governments. more

Call for Participation - DNSSEC Workshop at ICANN 56 in Helsinki, Finland on 27 June 2016

Do you have an idea for an innovative use of DNSSEC or DANE? Have you recently deployed DNSSEC or DANE and have some "lessons learned" that you could share? Did you develop a new tool or service that works with DNSSEC? Have you enabled DNSSEC by default in your products? (And why or why not?) Do you have ideas about how to accelerate usage of new encryption algorithms in DNSSEC? more

IoT From a Network Perspective: Learning to Navigate the New Realms

Let's play the analogy game. The Internet of Things (IoT) is probably going end up being like... a box of chocolates, because you never do know what you are going to get? a big bowl of spaghetti with a serious lack of meatballs? Whatever it is, the IoT should have network folks worried about security. Of course, there is the problem of IoT devices being attached to random places on the network, exfiltrating personal data back to a cloud server you don't know anything about. more