Fear sells. Fear of missing out, fear of being an imposter, fear of crime, fear of injury, fear of sickness ... we can all think of times when people we know (or worse, people in the throes of madness of crowds) have made really bad decisions because they were afraid of something. Bruce Schneier has documented this a number of times. For instance: "it's smart politics to exaggerate terrorist threats" and ... more
ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. more
Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more
Having a single price index for the domain name industry would be worse than useless. Such an index is presented in a recent study by Thies Lindenthal. The index is intended to be a benchmark for domain owners and investors. But it's out of line with other studies and the common sense of how a market operates. A much better barometer to follow is average prices for groups of domain names with similar characteristics. more
Over the last two years, we've all faced supply shortages on items we previously never thought could be in short supply. Most recently, the baby formula and semiconductor markets were hit. Before that, supply chain attacks on Colonial Pipeline and JBS Foods showed us that an attack on one company through a singular point of compromise has the potential to disrupt an entire network of connected companies, products, partners, vendors, and customers. more
Today, China accused Washington of damaging global trade with sanctions against the tech giant Huawei and says it will protect Chinese companies. more
The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more
Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more
The new domains are coming! ?Dot-biz is going to be the next coming of dot-com?, I recently read in an article in the Denver Post. The buzz has begun. Seven new top-level domains have been approved by ICANN, the organization that governs domains, and could be available as early as spring of this year. The new domains approved are .biz, .info, .aero, .coop, .musuem, .pro, and .name. more
Several people pointed out that although the suit still hasn't appeared in PACER, copies of the complaint are available online, including this one [PDF] at Lextext. Having read it, I'm rather underwhelmed... I do not purport to be a lawyer (nor do I usually play one on the net), but it's hard to see how the facts, which are not in serious dispute, would support any of these charges. more
The DNS Abuse Institute recently published our sixth monthly report for our project to measure DNS Abuse: DNSAI Compass ('Compass'). Compass is an initiative of the DNS Abuse Institute to measure the use of the DNS for phishing and malware. The intention is to establish a credible source of metrics for addressing DNS Abuse. We hope this will enable focused conversations, and identify opportunities for improvement. more
The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more
The recent publication of leaked United States diplomatic cables by Wikileaks has produced an extremist reaction by some governments, provoking them and compliant large corporations to strike out at the organisation's Web site, its financial base, and the person of its founder, Julian Assange. For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights. more
Though the "Techies" have been heavily involved in many initiatives like Internet Governance, Internationalized (Multi-lingual) Domain Names, Identity Management, Information Security, Access Rights Management etc., they still have to correctly apply the technologies at hand to be able to replicate many accepted norms that have matured in the physical world such as federated identities, non-repudiation, notarizing, witnessing, co-signing etc. more
The scale of the devastation inflicted by Haiti's earthquake a little over two weeks ago, meant that no industry has been left untouched by its effect. The telecommunications sector is no exception. Ever since the earthquake struck on Tuesday 12th January, fixed line and wireless communications have been virtually unavailable. more