Will Obama Re-Nationalize ICANN?

Speaking at a Technology University of Delft conference on the internationalization of infrastructures, Professor Viktor Mayer-Schoenberger made some unique and provocative observations about the future of the ICANN tether to the U.S. government. Mayer-Schoenberger was trying to predict the position of the three main players: the EU, the US and China... more

Why US Broadband Service Continues to Stagnate - Some Simple Numbers to Drive the Point Home

I've been fascinated by the recent announcement that Australia is spending $31 billion USD to upgrade its broadband. With all the excitement and fuss over the broadband stimulus funding in the American Recovery and Reinvestment Act, it may seem strange to be claiming that the $7.2 billion is a pitifully small amount -- but let me bring this home for you... more

CAN-SPAM Defendant Awarded $111k in Fees/Costs: Gordon v. Virtumundo

I believe this ruling represents the first time that a CAN-SPAM plaintiff has been ordered to pay attorneys' fees and costs to a defendant. As a result, it's a leading example that courts can and do grow tired of bogus anti-marketing lawsuits, and perhaps it will serve as an expensive warning to CAN-SPAM plaintiffs to ensure the merits of their lawsuit. Gordon is an uber anti-spam plaintiff, leading countless CAN-SPAM lawsuits. As the court describes, Gordon runs a "spam business"--basically, a for-profit plaintiff litigation shop to go after spammers (the court also calls it a "litigation factory")... more

Can’t Connect… Won’t Connect

BBC technology correspondent Rory Cellan-Jones must be hoping that his near neighbours don’t decide they want a larger family. He recently spent ages setting up a high-speed wireless network at home, documenting the whole tortuous process on the BBC Technology blog, but all his hard work could apparently be ruined by a single baby listener in the neighbourhood... more

ICANN’s New gTLD Timetable: the Good, the Bad & the Ugly

ICANN staff recently posted on its website an updated timeline on the new gTLD process. Attempting to be "fair and balanced," I see some good, some bad, and some potential ugly in this timeline. I know there are a lot of good people at ICANN working very hard to conclude the Herculean task of implementing the new gTLD process. However, ICANN just can't help shooting itself in the foot with poorly worded and ambiguous statements... more

Another Attack, Another Reason for the Urgency of DNSSEC Adoption

News broke this week about an attack in Puerto Rico that caused the local websites of Google, Microsoft, Yahoo, Coca-Cola, PayPal, Nike, Dell and Nokia to be redirected for a few hours to a phony website. The website was all black except for a taunting message from the computer hacker responsible for the attack... more

IPv6… Canada About to Score?

USA-Canada World Championship hockey games never fail to elicit great excitement. In the IPv6 adoption world league however, the US seems to have a convincing lead over their northern neighbour but the game is not over yet, here come the Canucks. Internet evolution, and IPv6 in particular, were the major themes at the ISACC (ICT Standards Advisory Council of Canada) Plenary meeting in Ottawa mid April... more

A Few Thoughts on the Future of Email Authentication

With the Online Trust Alliance Town Hall Meeting and Email Authentication Roundtable next week as well as the RSA Conference, I decided to pause and think about where we are and where we might be headed with regard to email authentication. Over the years, many of us have collectively worked to provide a framework for authenticating email... more

ICA to ICANN: The IRT Must Open Up Or Be Stripped of Official Status and Support

On April 21st the Internet Commerce Association submitted a formal request to Mr. Frank Fowlie, ICANN Ombudsman, requesting an immediate investigation of the non-compliance of the Implementation Recommendation Team (IRT) with applicable provisions of ICANN's Bylaws. The IRT was created by a March Resolution adopted by the ICANN Board during its Mexico City meeting, and was charged with proposing "solutions" to the concerns of trademark holders. Unfortunately, the IRT has chosen to operate in a non-transparent manner... more

In Support of ICANN’s New Trademark Protection Rules (Mostly)

Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more

Domain Name Registries Must Do More to Protect Highly-Trafficked Domains

With the recent attacks against high-profile New Zealand domain names including Coca-Cola.co.nz and F-Secure.co.nz, fingers are naturally pointing to Domainz, the registrar of record for these domains, as the party responsible for this lapse in security. While domain name registrars certainly need to ensure the security and stability of their systems, domain name registries must also step up and take responsibility for mitigating risks posed by hackers... more

Court Finds Pirate Bay Defendants Guilty, With Jail Sentence

A Swedish court on Friday found all four defendants guilty in a copyright test case involving one of the world's biggest free file-sharing websites. "The Stockholm disctrict court has today found guilty the four individuals that were charged with accessory to breaching copyright laws," the court said in a statement. "The court has sentenced each of them to one year in prison." more

The Cybersecurity Act of 2009

Four senators (Rockefeller, Bayh, Nelson, and Snowe) have recently introduced S.773, the Cybersecurity Act of 2009. While there are some good parts to the bill, many of the substantive provisions are poorly thought out at best. The bill attempts to solve non-problems, and to assume that research results can be commanded into being by virtue of an act of Congress. Beyond that, there are parts of the bill whose purpose is mysterious, or whose content bears no relation to its title. more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more