UDRP: The Liabilities for the Corporations and/or their Lawyers

This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more

New gTLDs: Let the Gaming Begin (Part I - TLD Front Running)

A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more

ICANN Paints Itself Into a Corner

ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more

Why 5G Is in Trouble (and How to Fix It)

I have a somewhat unconventional view of 5G. I just happen to believe it is the right one. It is trapped inside a category error about the nature of packet networking, and this means it is in trouble. As context, we are seeing the present broadband Internet access model maturing and begin to reach its peak. 5G eagerly anticipates the next wave of applications. As such, 5G is attempting to both extend and transcend the present "undifferentiated data sludge" model of mobile broadband. more

Cybersecurity Workforce Needs to Grow 145% to Close Skills Gap Worldwide, Says New Study

The cybersecurity workforce needs to grow by 145% to close the skills gap and better defend organizations worldwide according to a report released by (ISC)², a nonprofit membership association of certified cybersecurity professionals. more

The Next ICANN CEO

Internet public policy -- and the technical ecosystem -- is at a crossroads and the choice of CEO that ICANN's board makes now is probably the most important such choice it has ever made. Since I work in Internet policy across the Geneva institutions where more than 50% of all international Internet-related policy meetings take place, and have worked at ICANN in senior positions in the past, I thought I would suggest some qualities the next CEO should have. more

Names of the Inaugural Internet Hall of Fame Inductees Announced

The names of the inaugural Internet Hall of Fame inductees were announced today at the Internet Society's Global INET 2012 conference in Geneva, Switzerland. Internet pioneers and luminaries from around the world have gathered at the conference to mark the Internet Society's 20th anniversary. more

How to Fix WHOIS - Part 2

The key to fixing any part of the Internet infrastructure is to understand the business cases for the parties whose behavior you want to influence and design the technology accordingly. People who follow this approach (Sir Tim Berners-Lee and the World Wide Web) have a chance of succeeding. People who ignore it (DNSSEC, IPv6) will fail. The root problem here is that the ICANN DNS does not differentiate between the parts of the Internet that are accountable and those that are not. more

Showing our Ethos with .ORG

I recently stepped into a new role as Chief Purpose Officer of Ethos Capital, a specialized investment firm focused on helping companies drive growth and transformation through technology. In doing so, we are committed to operating ethically, responsibly, and in the best interests of all stakeholders, including employees, customers, vendors and the broader community. more

An Overview of the 27th DNS Operations, Analysis, and Research Center Meetings

The DNS Operations, Analysis, and Research Center (DNS-OARC) meetings are an instance of a meeting that concentrates on the single topic of the DNS, and in this case, it delves as deep as anyone is prepared to go! It's two days where too much DNS is barely enough! The hot topic of the meeting was the news that the proposed roll of the Key-Signing-Key of the root zone of the DNS, originally scheduled for October 11, was to be postponed. more

How the Clinton “Village” Transformed Internet Paradigms: Together Making a Difference

U.S. Presidential elections and the resulting Administrations can make an enormous difference on many levels and become profound points of inflection. This reality is certainly starkly visible today. Perhaps for the Internet community as well as the general public, some of the largely unknown events and actions surrounding the Internet and the Clinton team from 25 years ago can provide a basis for engagement over the coming months. more

The Limits of Notice and Takedown

In The Limits of Filtering, Evan Engstrom and Nick Feamster argue eloquently that the costs of a "takedown-staydown" system to defend against copyright infringement would be prohibitive for online service providers (OSPs) and therefore deprive OSPs of otherwise interested investors. I agree that Engstrom and Feamster raise some valid points, particularly including that content recognition technologies are not perfect... However, we must also remember that the current DMCA regime imposes significant costs... more

Never Invited, but Always Present

Listening today to the U.S. Congress' House of Representatives Subcommittee on Communications and Technology hearing on ICANN governance reminded me just how often Vox Populi Registry, the company bringing dotSucks names to the Internet, is a guest at parties to which it has never been invited. Sometimes, like today, we are able to view it all from a distance and mostly we have refrained from trying to correct every misstatement or argue each odd point. more

One Good Outcome from the Wall Street Journal: Google Flap

On Monday the Wall Street Journal published an article alleging that Google was trying to arrange a "fast lane for its own content" with telecom carriers and contending that Google and Professor Lessig were in the midst of changing their position on network neutrality policy. The WSJ reporters received a lot of flak for the piece -justifiably so. There was no real "news" in this news article. more

What It Takes to Prove Common Law Rights in UDRP Complaints

The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible and generally undefended. As the history lengthens, early registrants of dictionary word-, common phrase-, and arbitrary letter-domain names have been increasing challenged in two circumstances, namely by businesses who claim to have used the unregistered terms before respondents registered them and later by emerging businesses with no history prior to the registrations of the domain names. more