When CAN-SPAM was passed in 2003, it was fairly clear that Congress wasn't trying to enable broad private enforcement. Everyone knew that rabid anti-spammers would seize any new statutory right for a litigation frenzy... Although I personally think Congress would better served all of us by omitting all private enforcement rights in CAN-SPAM, unquestionably the private rights in CAN-SPAM are drafted narrowly to prevent their abuses. That hasn't stopped some zealous anti-spammers from testing the limits of CAN-SPAM's private enforcement remedies anyway. more
There are a lot of theories flying around about why Twitter and other social media services got knocked offline yesterday. I've heard rumors about it being linked to political tension between Georgia and Russia. Others blame Iran for the outages. I'm not a political commentator, therefore I cannot comment on anyone's political views -- but I have some logic and common sense, and I can draw some objective conclusions. more
The announcement that Google's chief executive Eric Schmidt is standing down from the Apple board hardly came as a surprise. Google's Android is already powering smartphones that offer an open alternative to Apple's iPhone, while the recent announcement of plans for Chrome OS, an operating system that will directly challenge Mac OS, makes Google a direct competitor to Apple in its core market... more
It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more
In my previous article I showed that ICANN expects to recover a lot of money from the first round of applications for new generic Top-Level Domains (gTLDs) -- $92.5 million, to be exact -- and that even that dramatic figure is probably substantially underestimated. For that reason, I argued that ICANN probably will recoup a windfall from the first round of gTLD applications and pointed out that ICANN's promise to consult with the Internet community before spending such a windfall is unsatisfactory because it has failed to say beforehand what surplus revenues might be spent for. 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
This post was prompted by questions I was asked to address when I participated in a panel discussion of cybersecurity. Here are the relevant questions: "Should we reconsider the notion that companies under attack are prohibited from investigating the attackers and trying to locate them? We allow private investigators to conduct some activities that usually only the police are allowed to do; should we accredit private cyber investigators?" ...The one I found more interesting is the second question: whether we should accredit private cyber investigators. more
The FCC has posed a number of provocative questions to AT&T regarding the fact that iPhone subscribers cannot download and use the Google Voice application. AT&T should stifle every motivation to play cute or clever with the FCC. Apple adopted such a strategy when it suggested to the Library of Congress and others that it would be curtains for the free world if iPhone owners could hack, jailbreak, tether, and otherwise use their handsets without fear of violating the prohibition on circumventing copyright laws contained in the Digital Millennium Copyright Act. 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
First off all, still unknown to the masses, this newly proposed $185,000 USD generic Top-Level Domain (gTLD) scheme is in reality a suffix-less, custom-made, designer, globally exclusive domain name. Well done ICANN, as it is what the world needs now. However, ICANN has never mentioned this special marketing feature to date, as this suffix-less quality alone brings a major and a very positive revolution in cyber branding architecture for the net savvy marketers and dramatically changes the global thinking which has been primarily locked into a suffix based mentality when trying to reach for anything on the net; what name and what suffix? more
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