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

Keeping a Free and Open Internet Starts at the Root

??Dynamics at the Internet's core erode stakeholder legitimacy and aid Sino-Russian efforts for multilateral control. ???At the beginning of what became a prolonged process for privatization, the U.S. Government established a framework of fundamental guiding principles for governance of the Internet's root. These principles were designed to work to preserve a free and open nature for a global network that was to be elastic, extensible, and – at more than two decades – enduring. more

Canada Considering Right to Repair Legislation Tackling Repair Monopoly Over Brand-Name Devices

Ontario Liberal Member of Provincial Parliament (MPP) Michael Coteau has introduced a bill to enable consumers and independent professionals to repair brand-name computers and phones easily and economically. more

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

Misconceptions About Spam

Sometimes I hear people or read writers that say things about spam that are incorrect. I thought I would clear those up in this blog post... When the holidays roll around, people start warning other people to watch their inboxes - December is spam season! By that, they mean that more spam than normal flows around the Internet. People say this because December is the holiday season. Since spam is another form of advertising, and advertisers pepper us with ads during this time, then spammers must do the same. It makes sense except it's not true. more

Apple Rumored Building Its Own CDN, Negotiating Paid Interconnect Deals With ISPs

Apple has reportedly formed a new internal group to work on building out their own content delivery network (CDN) to deliver Apple software updates, apps and other Apple related content. more

Outlawing Botnets

The European Commission is apparently considering the promulgation and adoption of a directive that would, at least in part, criminalize botnets. As I understand it, the premise behind adopting such a directive is that since botnets are capable of inflicting "harm" on a large scale, we need to separately criminalize them. I decided to examine the need for and utility of such legislation in this post. more

The Issue of License Proliferation

When I was on the ICANN board, we were dealing with the issue of Internationalized Domain Names (IDNs), an initiative to allow non-latin characters in domain names. Technically, it was difficult and even more difficult was the consensus process to decide exactly how to do it. Many communities like the Chinese and Arabic regions were anxious to get started and were getting very frustrated with the ICANN process around IDNs. ... When I joined the Open Source Initiative board of directors, we were also struggling with a similar, but slightly different problem. more

Cuba’s (Hopefully Limited) ADSL Expansion

In 2015, ETECSA announced/leaked a plan to make ADSL service available in 50% of Cuban homes by 2020. I was skeptical. Doing so would mean investing a lot of money for obsolete technology between 2015 and 2020. They have recently announced the availability of ADSL connectivity at homes in portions of seven cities and, by December, they say some home connectivity will be available in every province. more

Google Announces a New Private Subsea Cable Connecting Africa With Europe

Google on Friday announced a new private subsea cable, called "Equiano," to connect Africa with Europe. This will be Google's third fully funded private undersea cable in addition to fourteen other cable investments globally. more

“Practice Safe DNS” Campaign Launched to Educate on Securing DNS, Adopting DNSSEC

.ORG, The Public Interest Registry (PIR) has announced today the launch of a new campaign aimed at educating IT professionals about securing DNS and the adoption of Domain Name System Security Extensions (DNSSEC). The key purpose of the "Practice Safe DNS" website, according to PIR, is to "serve as a key resource for domain holders, registrars, web developers and IT professionals to learn how they can respectively play a increasingly relevant role in providing a safer and more secure Internet." more

The Submarine Cable Conundrum

The boom and bust cycle of submarine cable deployment can be traced back to the 19th century. However it doesn't look as though we have learned a lot in those 150 years. One of the problems is that it generally takes two years to plan these international projects and two years to deploy the system. And even before the process commences there are often an initial two years when the potential builders are contemplating their plans. This means that new cables need to be planned at times when there is little demand for new capacity. more

Openness and Transparency: ICANN Takes an Important Step in the Right Direction

Over the years I have been critical of ICANN's inability on several occasions to match its words on openness, transparency and accountability with its actions. Therefore, it was a very pleasant surprise to see ICANN post the Board briefing documents in connection with two of its last three Board meetings. more

Investigating Domain Name Crime: Challenges and Essential Techniques

Who would think that so much could go wrong with something as seemingly innocent as a domain name? As cybercrime continues to evolve, causing devastating reputational and financial losses to businesses and organizations, web addresses are used as a weapon -- and it's not always easy to notice their many faces. In this article, let's take a look at the domain name crime landscape, discuss the current challenges investigators and legitimate registrants face, and talk about some useful techniques. more

Pot…Kettle…Black: The REAL Hypocrisy Threatening the Future of the Internet

Amongst all of the media pieces in the run up to WCIT-12 next week, few have been as counterfactual as that appearing on the website of the National Journal. The editor, Jean-Christophe Nothias clearly has very little knowledge of how Internet economics or governance works, making such uninformed statements such as "Critically, the connections between the approximately 40,000 autonomous servers at a global level are ruled by contractual agreements between operating agencies." more