IP Addresses and Personally Identifiable Information

I don't normally cheer for Google when I don't own shares in the company, but this time I will make an exception. Alma Whitten, Software Engineer at Google, today posted to their Public Policy Blog that IP addresses shouldn't be considered Personally Identifiable Information (PII). This is not a problem in the United States but it is in the EU, and if the EU actually were to legislate this it would most definitely affect Microsoft and Google's business functionality in the EU... more

Redux: European Parliament Proposes .kid Internet Domain

I ran into a Reuters headline today, which illustrated to me the pace at which some legislative bodies operate. Yes, this .kids idea is timely. It is an idea so good, that I remember multiple different bidders proposing it in the initial wave of new TLDs laid in front of ICANN back in 2000. The contenders all had fantastic presentations and capabilities, which I heard voiced in the Marina Del Rey ICANN meetings as the 44 initial proposals were culled into seventeen, and then into the seven... more

The Launch of .pro Domain for Professionals

From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights. more

Orange Bowl ICANN UDRP Case Explores Fair Use

The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more

Gmail and IMAP and BlackBerry (Oh, my!)

When I was employed, I ran my own mail server and my own BlackBerry Enterprise Server, and I had things tuned pretty much exactly as I wanted them. My incoming mail got some custom processing that looked the sender's address up in my address book and assigned the message a category... I was a very happy email user. Now that I'm on my own, I've decided not to run my own server and all that software, and I've switched to Gmail and the T-Mobile BlackBerry server... Surprisingly, though, I'm mostly still happy... more

.eu Domain Name Contract Signed: Registration Could Begin in Six to Nine Months

The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more

Road Warrior at Risk: The Dangers of Ad-Hoc Wireless Networking

Most people who have wireless Ethernet at home, or the office, connect to the wireless network by attaching to a wireless Access Point, or AP. This method of wireless networking is called "Infrastructure Mode". If you have a secure wireless network configured in "Infrastructure Mode" you are using MAC address filtering, some level of encryption, and have made some additional changes to your AP in order to prevent just anyone from using it or capturing data. ...However, for those who are not using "Infrastructure Mode", and are configured to communicate from machine to machine, or "Ad-Hoc", there are a few things you should be aware of. more

Five More Years! There Was No “Deal” and WSIS Resolved Nothing

The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more

Perfect Information: Involving Registrants in the Expiring Domain Names Market

This proposal outlines the creation of a new market for the efficient disposal of domain names that are about to expire and how Registrants are best included as an integral part of this process. This document does not make any proposals regarding the existing primary or secondary markets for domain names. Further, this proposal is not intended to criticise, condemn or make any declarations about the appropriateness of any particular primary or secondary market business models. more

Google Voice Dispute Highlights an Opportunity for Mobile Network Operators

The recent row between Google, Apple and AT&T concerning the removal of Google Voice from the Apple iPhone store highlights the friction existing between network operators and so-called over the top (OTT) application providers. Most observers believe that AT&T initiated the blockade because Google Voice (which offers free or highly discounted calling rates) is a direct threat to AT&Ts call revenue (Google Voice users need only pay AT&T for access to the Internet). more

The Real Facts & Stats About ICANN and Its gTLDs: One BIG.FAIL ... So Far?

The crème de la crème, the good, the bad, even the ugly of the Domain Name Industry are attending NamesCon in Vegas this week. 2016 will be a very challenging, absolutely critical year for those attendees and their corporate employers as the Domain Name System (DNS) faces a massive shakeup. In 2015, 287 global brands, worth $trillions headed by Google, Amazon, had their new TLD Registries delegated into the root zone of the Internet. more

700 MHz Update: Will VZ Comply with the Rules?

Last Friday (HT: IPDemocracy), Google filed a petition [PDF] asking that the Commission ensure that Verizon understands what those "open platform" requirements for the C Block really mean. Verizon has taken the position in the past that its own devices won't be subject to the "open applications" and "open handsets" requirements of the C Block rules, and Google says it is concerned that Verizon doesn't plan to follow those requirements in the future. This is big. Here's the background... more

A New Internet Extension Can Compete with .COM

The king of extensions is .com, and dethroning it won't be easy. But one day soon .com will have a genuine competitor, and there are two things we already know about the competition. First, the newcomer will have been sold as an underdog. Second, it will have attracted businesses that are passionate about being content-quality leaders. more

ICANN Slaps Joker.com and DNS.com.cn

If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more

UDRP Dilemma In Proving Bad-Faith Domain Registrations - Part III

In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more