Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
It looks as if the big boys like AT&T, Verizon and Comcast are passing on the stimulus money. The official reason is that they don't need it, that they enough cash on hand to build out their networks on their own. Fair enough. Perhaps the funding should be reserved for those more in need, those that just need a boost to fund a new business model or expand service. But there are probably other reasons. more
A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more
When discussions with overseas colleagues made it clear to me how fast things are changing here in Australia compared with the rest of the world, I was prompted to write this update about the developments in Australia, particularly in relation to its incumbent telco, Telstra. Most people overseas have not yet fully caught up with the fact that the destructive regime of Telstra's former CEO is well and truly over -- in the past there has been plenty of international reporting of the shocking behaviour of Telstra under Sol Trujillo (former US West) and his persistent attacks on the government included suing Ministers and abusing the Regulator. more
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
In January 2009 the US Congress began considering the American Recovery and Reinvestment Bill 2009 aimed at kick-starting an economy in deep recession. The package, passed into law on 17 February, comprised $787 billion of mainly tax cuts, unemployment benefits and spending in education, health care, infrastructure and energy. Included in the fiscal stimulus package was a relatively modest $7.2 billion for broadband and wireless in unserved and underserved areas... more
Australia, New Zealand and the USA have taken international leadership in relation to their approaches to the infrastructure investment their countries are committed to in relation to the multi-billion dollar investment in national broadband and smart grid infrastructure. This is based on open networks, which will allow multiple access to infrastructure that can be used for e-health, smart grids, tele-education, as well as, of course, to telecoms, Internet and entertainment services. more
There is a Dutch website which regularly publishes comments on rulings of the World Intellectual Property Organization (WIPO) Arbitration, Dutch court cases, and similar things. They have a newsletter which reports over the latest cases. It is really meant for people who are into the legal aspects of domain names. In the July "nieuwsbrief" newsletter, there was a remark (in Dutch) about a case that the top level ".nl" suffix to the name should not be considered relevant. more
ICANN has operated on the fundamental principle that there should be separation within the domain name marketplace between registries (wholesale) and registrars (retail). This fundamental principle has been a pillar upon which ICANN has provided registrants (consumers) with increased choice, innovation, and price savings. Therefore it was with great surprise when ICANN staff unilaterally undertook this initial vertical separation analysis through exclusive consultation with ICANN contracting parties (registrars and registries), while totally excluding non-contracting parties (individual, business and non-commercial registrants)... more
Around the world governments, regulators and the industry are struggling with the old regulatory legacy systems. These have become a major stumbling block in the transition to a new environment. Increasingly countries are beginning to understand the social and economic benefits a national broadband infrastructure can offer, but it is impossible to bring that about while the systems are based on the present regulatory regimes. To take these broader benefits into account we will need to develop government policies to facilitate the digital economy... more
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