Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more

Biggest Deal in Telecom Policy Since the AT&T Divestiture

The biggest communications policy moment since the AT&T divestiture has just happened: The $100 million-dollar-march (or more -- what Comcast spent to make sure this happened) has ponderously, self-evidently reached its conclusion with the FCC's approval of the merger between Comcast and NBCU. It wasn't the subtlest campaign; it didn't need to be; it was effective in its discipline and heavy persistence. The tweets are flying and the journalists are already weighing in. more

Russia to Block VPNs in 2024

Russia's communications regulator, Roskomnadzor, intends to block Virtual Private Networks (VPNs) starting March 1, 2024, according to Senator Artem Sheikin of the United Russia party. more

Security Firm Predicts Unprecedented Series of New gTLD Failures by 2017

The cybersecurity firm, IID, is anticipating an unprecedented series of domain registry failures due to lack of gTLD popularity by 2017 in the form of bankruptcies and abandonment, leading to demise of websites relying on them. more

FCC Commissioner O’Rielly’s Appalling Op-Ed on the ITU

The FCC Commissioner Michael O'Reilly's recently contributed opinion on the ITU in "The Hill" is beyond bizarre. It also sadly displays an appalling lack of knowledge of the organization and its history. I find it disturbing - as someone who held senior positions at both the FCC and the ITU and wrote the organization's history - how fundamentally ignorant an FCC Commissioner could be today of the global telecommunications ecosystem. more

Annual Datacenter Forum in Copenhagen Changes Conference Programme Following Nord Stream Explosions

In light of Tuesday's Nord Stream 1 and 2 pipeline explosions, Datacenter Forum is updating its programme. Ask Tonsgaard Hjordt Brüel (Strategic Consultant, Rambøll), who has been tasked by the Nordic Council of Ministers to analyse the supply, security, and pricing of Nordic energy sources will share his preliminary findings at Datacenter Forum Copenhagen this week. more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

What Your ISP (Probably) Knows About You

Earlier this week, I came across a working paper from Professor Peter Swire - a highly respected attorney, professor, and policy expert. Swire's paper, entitled "Online Privacy and ISPs", argues that ISPs have limited capability to monitor users' online activity. The paper argues that ISPs have limited visibility into users' online activity for three reasons: (1) users are increasingly using many devices and connections, so any single ISP is the conduit of only a fraction of a typical user's activity; (2) end-to-end encryption is becoming more pervasive, which limits ISPs' ability to glean information about user activity; and (3) users are increasingly shifting to VPNs to send traffic. more

When No Action Is the Wisest Action (ICANN Does Good)

Although ICANN is now getting a lot of ridicule for the "glitch" in its TLD application System, it deserves some praise and respect for the results of its April 10 board meeting. In that meeting, the board showed the involved community - and the rest of the world - that it is no longer going to be stampeded by extra-procedural political pressure to make yet another round of hasty amendments to its new TLD program's policies and procedures. more

The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion... more

Locking Out Competing Providers is Bad

Today one of the headlines in Computer Sweden was that there is a dispute between Telia and the regulator PTS in Sweden. PTS requires Telia to stop locking out competing TV-distribution companies for IP-TV in the access network (DSL) that Telia runs. Specifically, they lean towards the fact Telia is dominant provider of the copper, and require Telia to competitors give access to the larger frequency band in the copper that they claim is needed for TV distribution. more

If It Spams Like a Duck…

We've been wondering what e360 hoped to gain with their recent lawsuits against Spamhaus and others. If they were trying to clarify the right of ISPs to protect their users from spam, then they've certainly done a good job -- especially in this particular case. If it wasn't clear before, Judge Zagel's explanation should satisfy even the most pedantic of filtering opponents: "ISPs acting in good faith to protect their customers are not liable for blocking messages that some spammer claims are not spam..." more

NGOs, Academics Warn Against EU’s Deep Packet Inspection Problem, at Least 186 ISPs Breaking Rules

European Digital Rights organization (EDRi) along with 45 NGOs, academics and companies from 15 countries sent an open letter to European policymakers and regulators on Wednesday warned against the widespread use of Deep Packet Inspection (DPI) technology by Internet service providers in the EU. more

UK Government Releases New Cyber Security Standard for Self-Driving Vehicles

UK government today announced the release of a new cyber security standard for self-driving vehicles. Funded by the Department for Transport, the British Standards Institute has developed the guidance to set a marker for those developing self-driving car technologies. more

The Broad Brush of LegitScript, Painting Inaccuracies About CIPA

The president of LegitScript recently authored an inaccurate and misleading critique of the Canadian International Pharmacy Association (CIPA) that was clearly intended to smear our reputation with a broad brush dipped in inaccuracies and scare tactics. This response paints the true picture of who we are and the benefits CIPA Members offer U.S. consumers. more