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ICANN Compliance now has two conflicting answers on record concerning the enforceability of RAA 378 on WHOIS inaccuracy. This is a topic of extreme importance and one we are trying to get to the bottom of. ...inconsistency needs to be resolved as it directly impacts the current RAA negotiations and certainly before new gTLDs are deployed. more
As I prepare to jet off to Prague this weekend for the coming ICANN conference, I had to reflect back on the tumultuous year this has been in ICANN and the Internet world generally, especially as relates to Africa and Emerging Markets. And after all the smoke and fury, I had to ask: Is ICANN leaving Africa behind? Or could it be that it's exactly the opposite? That Africa is moving forward and ICANN is missing the party? more
In recent months there's been a robust and apparently well-funded debate about the legal status of search engine results, in particular Google's search results. On Tuesday, Tim Wu, a well-known law professor at Columbia weighed in with an op-ed in the New York Times, arguing that it's silly to claim that computer software has free speech rights. Back in April, equally famous UCLA professor Eugene Volokh published a paper, funded by Google, that came to the opposite conclusion... more
It's been a quarter of a century since the world's governments convened to draft up a common set of regulations about the conduct of international telecommunications. In December of 2012 the world's governments will convene to reconsider these regulations, to hopefully sign an updated set of regulations. This time around, this activity is generating considerable levels of public interest. Congressional hearings in the United States have been held, and various pronouncements of intent from various governmental, regional, and industry groups have been made. more
Today a key committee in the US Congress approved a resolution opposing United Nations "control over the Internet." While some in the Internet community have dismissed the bipartisan effort as mere political grandstanding, recent actions by some UN Member States show that lawmakers have good reason to be worried. Last month, UN voting member Ethiopia made it a crime -- punishable by 15 years in prison - to make calls over the Internet. more
According to press reports, DHS is going to require federal computer contractors to scan for holes and start patching them within 72 hours. Is this feasible? It's certainly a useful goal. It's also extremely likely that it will take some important sites or applications off the air on occasion - patches are sometimes buggy (this is just the latest instance I've noticed), or they break a (typically non-guaranteeed or even accidental) feature that some critical software depends on. more
We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially. more
There is some good news about the decision by Verizon Wireless to offer shared monthly data plans. But there could be a lot more if the FCC applied its Carterfone policy. That policy gave consumers the power to decide what and how many devices to attach to a network connection. If Carterfone applied, consumers could use multiple devices to access a network subscription, albeit perhaps not at the same time. more
If your company becomes a huge dominate market player in both broadband and content delivery, scrutiny will come your way, like it or not. Comcast (NASDAQ: CMCSA) has been so successful in building both a content and delivery system to such a mass audience; it's beginning to look like former monopolies which grew unwanted investigations and break-ups in the 1980's. Remember AT&T and the DOJ anti-trust decision to split the monopoly into smaller regional companies? more
This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more
Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more
The same thing happens before every ICANN meeting. It starts raining. Not men, as the song goes, or droplets of H2O. It starts raining documents. In the run-up to one of its three-a-year international meetings, ICANN goes into hyperdrive. And this time, days before the Prague meeting (from the 24th to the 29th), the usual downpour has turned into a veritable deluge. Let's just take June 4th as an example. more
Crime, fraud, scams etc., they're all very bad things. They're also not going to go away anytime soon. As a domain name registrar and hosting provider we're constantly "at risk", as we sell a lot of services that are both cost-effective and also give criminals the tools they need to attack 3rd parties. Again, this isn't exactly news. We've always taken a very pro-active approach to dealing with criminal activity and network abuse... But recently I've been losing sleep. more
The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more
Eugene Kaspersky has warned global leaders that the world needs international agreements about cyber-weapons in the same way as it needs agreements about nuclear or biological weaponry. The chairman and chief executive officer of Kaspersky Lab, warned delegates at CeBIT Australia that cyber-warfare and terrorism was the number one internet threat facing the world today. He said the Stuxnet industrial virus had demonstrated that cyber-weapons were capable of damaging physical infrastructure, and were "a thousand times cheaper" to develop than conventional weaponry. more
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