ICANN 55, Marrakech: Witnessing a Historic Event, Community Empowered Work Continues

Earlier this month, MarkMonitor representatives were privileged to witness, at the first ICANN meeting of 2016 in Marrakech, Morroco, the historic presentation of the plan to transfer the stewardship of key internet functions (IANA) from the United States Government to a community and consensus-based model of governance through ICANN (Internet Corporation for Assigned Names and Numbers). more

Reflections on Joe Cannataci’s First Report

Joseph Cannataci recently submitted his first report as UN Special Rapporteur on the right to privacy - a brand new position, created in July 2015 in the wake of the German-Brazilian initiative for a UN resolution on privacy in the digital age. The report includes a description of Cannataci's working methods, a general overview of privacy-relevant topics, and a 'Ten point action plan' - described as a to-do list for the post holder, rather than a mere wish list. more

FBI, Apple Hearing Over iPhone Encryption Halted

FBI says it may have found a way to unlock Syed Rizwan's iPhone without Apple's help and while exploring this option, a federal judge has postponed tomorrow's hearing. more

Registering and Monetizing Personal Names

At the top of WIPO's list of the most cybersquatted trademarks for 2015 (issued on March 18, 2016) is "Hugo Boss" with 62 complaints. The report also reveals that the fashion industry led other commercial sectors with 10% of complainant activity. Not surprisingly, in this sector companies (couturiers extending their services to the general public) are branded with the personal names of their founders. Why any registrant would intentionally target well-known personal names in the fashion industry is a mystery because there's no future in it. In fact, complaints are never answered and always successful. more

Welcome to Notflix! Your Streaming-Free ISP with the Best Quality of Experience!

It has been widely taken as "obvious" that a "no blocking" rule for ISPs is a good regulatory policy. Is this really the case? Does it save consumers from harm... or cause harm? Netflix has reached the point of being well over 30% of Internet traffic at peak time for some ISPs. This places three costs on the ISP and its users... So for someone who isn't a streaming video user, they are paying a share of the direct costs. more

What Will the Internet Look Like in the next 5 - 7 Years?

We all know that the Internet is one of the most important tools of our time, but we can't afford to take the Internet -- or its future -- for granted. There are uncertainties facing the Internet's future and how they evolve will have a profound impact on society and our ability to solve some of the world's biggest challenges... To help answer these and other questions, the Internet Society is embarking on a collaborative initiative to envision scenarios for the evolution of the Internet. more

What is the Intellectual Property Constituency (IPC)?

As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more

Internet Infrastructure Coalition (i2Coalition) Joins M3AAWG to Reduce Hosting Industry Abuse

The Internet Infrastructure Coalition (i2Coalition) has joined the Messaging, Malware and Mobile Anti-Abuse Working Group (M³AAWG) to continue efforts on developing best practices for hosting and cloud service companies as well as sharing other information that will protect end-users. more

US Congress Hearing on “Privatizing IANA” - Thursday, March 17 (Live Video Feed Available)

On Thursday, March 17, 2016, a U.S. Congressional committee will hold a hearing on the topic of "Privatizing the Internet Assigned Numbers Authority" (IANA) starting at 10:15am US EDT (UTC-4). You can learn about the hearing and view the written testimony at and watch live on the included pages. The hearing is before the Communications and Technology Subcommittee of the U.S. House of Representatives Energy and Commerce Committee. more

SIP Trunking: Common Pitfalls and Quick Fixes

With companies shifting away from on-premises and "traditional" telecom networks to Internet-based protocols - such as Voice Over IP (oIP) - the market for critical communications infrastructure - most notably SIP trunking - is on the rise; not only multiple failover sites but cloud-based SIP-as-a-service solutions are now popular options. However, there's a caveat: problems unique to SIP systems that can cause IT headaches if you're not prepared. Here are three of the most common. more

Charter Approved to Review All Rights Protections Mechanisms in All Generic TLDs

On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair. more

Google Launches Project to Track Encryption Efforts - Both Internally and at Other Popular Sites

Google launched today a new effort to track the progress of encryption efforts - both at Google and on other popular websites. Google hopes the project will hold the company and others accountable to encrypt so as to enhance web safety and security. more

Bangladesh Central Bank Governor Quits Amidst One of the Largest Cyber Heists

Bangladesh's central bank governor has resigned today amidst theft of $81 million from the bank's U.S. account, as details emerged in the Philippines that $30 million of the money was delivered in cash to a casino junket operator in Manila. more

What If IANA Transition Was Only a Mirage?

The U.S. government has long had a far-reaching control over the internet's technical center. What will happen now when ICANN's Board puts together a proposal on how to transfer responsibility for certain key functions within the domain name system to the internet community? Last week, ICANN had its 55th conference in Marrakech. The most important result of the meeting is that all parts of the so-called internet community approved that ICANN's Board will send a proposal to the U.S. National Telecommunications and Information Administration (NTIA) which suggests how to transfer responsibility for certain key functions within the domain name system to the internet community... more

Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more