During the past few years, the International Telecommunication Union (ITU) has been a battleground where governments promote rival visions of how the Internet should be governed. Although there has been a recent cease-fire as Internet governance debates have focused more on the role of ICANN, those skirmishes may soon restart at the ITU... Co-authored by Ambassador Gross (chair of Wiley Rein's International & Internet Practice), Carl R. Frank, Umair Javed, and Sara M. Baxenberg (members of Wiley Rein's Telecom, Media & Technology Practice). more
It looks like Senator Cruz' letter writing campaign isn't going to end any time soon. While previously the Senator and former US presidential hopeful was happy exchanging salvoes with ICANN he's now switched gears and is instead focussing on NTIA and the US Department of Commerce. The latest letter is focussed on a very strange interpretation of the IANA transition proposals. more
There are lots of emotions and hypothesis around the new gTLD programme. Is it a success, is it a failure? Is it coming too late, in a world ruled by search and apps? We try to measure that success through traditional metrics, such as number of registrations, parking ratios etc. -- for applicants, the success is quite often the revenue and profit generated. When it comes to dot brands, we have lots of anecdotes about launches, but is that representative of the activity? Metrics of success will depend on the brand strategy and the way the dot brand helps the business reach their objectives. Keeping an empty registry may be a success if your strategy is purely defensive! more
It has often been claimed that IPv6 and the Internet of Things are strongly aligned, to the extent that claims are made they are mutually reliant. An Internet of Things needs the massively expanded protocol address space that only IPv6 can provide, while IPv6 needs to identify a compelling use case to provide a substantive foundation to justify the additional expenditures associated with a widespread deployment of this new protocol that only the Internet of Things can provide. more
Do you know of someone who has made the Internet better in some way who deserves more recognition? Maybe someone who has helped extend Internet access to a large region? Or wrote widely-used programs that make the Internet more secure? Or maybe someone who has been actively working for open standards and open processes for the Internet? more
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
The Internet is about to go independent. After years of support and supervision, the U.S. Government is about to irrevocably relinquish its control over the Internet by transferring its authority to an independent corporation named ICANN. As part of this push, the current chairman of ICANN posted this article to the Wall Street Journal... What's truly amazing about this piece, is how well it's done... It was only after digesting this piece, that I remembered we are talking about ICANN here. more
One of the oft-made claims about Bitcoin and its blockchain transaction ledger is that they make transactions really cheap, so you can pay someone anywhere in the world for free, or close to it. But when you look closer, is that really true? Not by a long shot. Bitcoin transactions are stored in a large shared database called the blockchain. more
Comcast enhanced the value position of its broadband subscriptions by increasing the monthly data allowance to 1 Terrabyte (1000 Gigabytes). See Comcast Announcement. As an independent, unsponsored researcher, I can say "Thank You Comcast" without adverse consequences and only a bit of irony. This company does much to displease, but an expanded data allowance offers a winning proposition. more
No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more
FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more
First of all, I am biased. I am a common sense thinker who tries to analyze risk and reward based on societal trends and conventional wisdom. Watching the new gTLDs (generic Top Level Domains) launch over the last 2 years reminds me of the circus we are now seeing in the U.S. election. Myself, a self-proclaimed libertarian, can now be labeled as the establishment, while the so-called "outsiders" act and behave like they are not politicians yet seem to be masters of messaging and propaganda. more
What appears to be a leaked copy of the Burr-Feinstein on encryption back doors. Crypto issues aside -- I and my co-authors have written on those before -- this bill has many other disturbing features. (Note: I've heard a rumor that this is an old version. If so, I'll update this post as necessary when something is actually introduced.) One of the more amazing oddities is that the bill's definition of "communications" (page 6, line 10) includes "oral communication", as defined in 18 USC 2510. more
There's a lot of argument as to which "anti-spam" techniques are legitimately so called. In this article, I'd like to consider what constitutes an anti-spam technique in an ideal sense, then consider the various practiced approaches to spam mitigation in that light, drawing conclusions as to how we should frame the "anti-spam" discussion. ...For the purposes of this discussion, let "spam" refer to "unsolicited bulk email". Not everyone agrees on this definition, but it's by far the most widely accepted, and without a working definition we won't be able to define "anti-spam"... more
I have come to the conclusion that "net neutrality" is an ethical issue at heart, one about the appropriate constraint of unfair ISP power. Some people are (I pray unintentionally) on the wrong side of a now-clear moral divide. They are claiming to prevent harmful abuse of power, when in reality their actions create fresh harm. A central issue is one of technical competence to comment. If your beliefs are disconnected from how the world works, you cannot evaluate whether you are espousing something sensible or silly. more