The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more
The gathering of coherent data on cybercrime is a problem most countries haven't found a solution for. So far. In 2011 it is a well known fact that spam, cybercrime and botnets are all interrelated. The French database Signal Spam may be a significant part of the solution to gather, analyse and distribute data on spam, phishing, cybercrimes and botnets, but also be a forum in which commercial mass e-mail senders and ISPs can work on trust. more
In the next few months, ICANN will have a concrete opportunity to improve its accountability and transparency by enacting the recommendations of the Accountability and Transparency Review Team (ATRT). Those recommendations may not be perfect, but if the history of the ICANN process is any indication, we can't afford to let the perfect be the enemy of the very good. more
We stand by our analysis from March 2010, in which we indicated that a national wireless broadband plan remains a second-class option as the infrastructure for the emerging digital economy in America. In his State of the Union address President Obama set the goal of enabling businesses to provide high-speed wireless services to at least 98% of all Americans within five years. To pay for this the government hopes to raise nearly $28 billion from spectrum auctions. more
New developments that have been announced by the FCC in the United States have rekindled the decade-old debate on the use of the so-called 'white spaces' in broadcast spectrum that are to be used for telecoms purposes. In September 2010, the FCC adopted a Second Memorandum Opinion and Order that updated the rules for unlicensed wireless devices that can operate in broadcast television spectrum at locations where that spectrum is unused by licensed services. This unused TV spectrum is commonly referred to as television 'white spaces'. The rules allow for the use of unlicensed TV devices in the unused spectrum to provide broadband data and other services for consumers and businesses. more
The entire new gTLD applicant community is awaiting, patiently, the forthcoming Brussels meeting between the ICANN Board and the Governmental Advisory Committee (GAC) to take place from February 28th. After years of delays to the new gTLD process, ICANN and the GAC will try to reach an agreement on how and when to launch the new Generic Top-Level Domains (gTLD) programme. The expectations for the outcome of the Brussels meeting is huge among potential new gTLD applicants. Despite this, the media attention will be negligible when compared to the news coverage that the next ICANN public meeting in March will receive. more
In my job as part of a consultancy company, I know there are two types of reports our clients are interested in - those that are written for the customer to be used internally and those that are to be used externally. Quite often, instead of well thought out and researched pieces, these last-mentioned reports are created simply to underscore the opinion of the party paying for them. So when I received research by AT Kearney on A Viable Future Model for the Internet, I immediately checked who had paid for that report. more
With the same made-for PR timing that prompted a previous seizure of domain names just before shopping's "Cyber Monday," Immigration and Customs Enforcement struck again, this time days before the Super Bowl, against "10 websites that illegally streamed live sporting telecasts and pay-per-view events over the Internet." ICE executed seizure warrants against the 10 by demanding that registries redirect nameserver requests for the domains to 74.81.170.110, where a colorful "This domain name has been seized by ICE" graphic is displayed. more
Recently I joined my son, who is in his final high school year, to visit the open day of the newly founded Leiden University College in The Hague. The school focuses on Liberal Arts & Science and offers a broad education on (international) politics, philosophy and economy. The idea is to prepare the next generation internationally oriented public servants and leaders of the future. Among others they have former Dutch Minister of Foreign affairs and Secretary General of NATO Jaap de Hoop Scheffer as a college professor. more
The U.S. "Scorecard" for Brussels Proposes Draconian Trademark Rules - And May Mean the End of Unlimited New gTLDs and/or the ICANN Experiment in Private Sector-Led Internet Governance... On Friday, January 28th the U.S. Department of Commerce (DOC) circulated its submission to ICANN's Governmental Advisory Committee (GAC) containing suggestions for what positions the GAC should push for at its February 28 - March 1 meeting with ICANN's Board to air disagreements over provisions of the Proposed Final Applicant Guidebook (AG) for new gTLDs. more
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