Core Principles of Domain Name Law Created in UDRP Proceedings

When in the Fall of 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name Dispute Resolution Policy, it did not come with a fully formed jurisprudence. Panelists were essentially on their own in creating it. They had some guidance from a lengthy and detailed report published by the World Intellectual Property Organization ... and a basket of principles derived from trademark law, but panelists had to build the jurisprudence from scratch. more

TWC Does the Right Thing - Again!

In response to customer feedback, Time Warner Cable has discontinued its trials of tiered Internet service. [Corporate Announcement here.] It was quite a stuff-storm, but to TWC's credit, they put their finger up, felt the howling gale, and changed course right away. This is in marked contrast to their larger competitor, Comcast... more

How Will Your Registration Data Be Managed in the Future?

Benjamin Franklin once said, "By failing to prepare, you are preparing to fail." As we consider how Internet domain and address registration data is managed and accessed in a post-WHOIS era, and given the long history of failure in addressing the shortcomings of WHOIS, it is extremely important to start preparing now for the eventual replacement of WHOIS. This is the fundamental purpose of the next Registration Operations Workshop (ROW) that is scheduled for Sunday, July 19, 2015, in Prague, Czech Republic. more

Mobile Broadband Boom: The Killer App for FttH

It still amazes us that respected industry commentators join liberal politicians in questioning the need for FttH in the wake of the enormous success of mobile broadband. They refer to this phenomenon as proof that people are bypassing their fixed broadband and are now using the smartphones and tablets to obtain most of their broadband access. However, after several years of mobile boom the majority of households are still using the fixed-line networks for calls... more

When Cyber Awareness Is Fundamentally Lacking

"Smartphones (and tablets, WdN) are invading the battlefield", reports the Economist on its website of 8 October 2011. On the same day the hacking of U.S. drones is reported on by several news sites. ("They appear friendly". Keyloggers???) Is this a coincidence? more

Balancing Rights: Mark Owners, Emergent Businesses, and Investors

Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Senate Judiciary Leaders Ask New IP Czar to Facilitate ICANN-Focused Conversations

Daniel Marti was nominated to become the new White House "IP Czar" in August 2014 to replace Victoria Espinel. His predecessor, in yet another illustration of Washington's "revolving door" shuffling key individuals between the government and private sector, departed the post a year earlier to become head of BSA/The Software Alliance, the leading trade group for the software industry. more

Applications Processing for IDN ccTLDs Fast Track

Since 16th Nov 09 Applications Processing for IDN ccTLDs Fast Track has been started. The countries and territories who are using non-English Language (nationwide) for official documentation or for community, are eligible to apply for a new country code top level domain name (ccTLD) in their own Native Language through a designated manager... Native Language Community will be able to register their domain names within the next 6 months. more

Cuba’s New WiFi Regulations – Good, Bad or Meh?

Soon after ETECSA began rolling out WiFi hotspots for Internet access, people began linking to them from homes and community street nets. These connections and importing the WiFi equipment they used were illegal, but generally tolerated as long as they remained apolitical and avoided pornography. Regulations passed last month legalized some of this activity in a bid to boost connectivity by allowing Internet access from homes and small private businesses like restaurants and vacation rentals that are located close enough to a hotspot to establish a WiFi connection. more

Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

Naming is the first imperative. It precedes the launching of new lives as much as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not sometimes made aware that not all names are equally distinctive, and that some of them are distinctly commonplace? more

Seeing the Opportunity for IP Communications Within the Smart Grid Space

Having followed IP communications as an analyst since 2001, I've seen a few cycles come and go, and Smart Grid reminds me a lot of VoIP. Telcos and utilities both operate large, complex and costly networks, and prior to 1984, both were heavily regulated. Following the deregulation of telecom came a wave of unprecedented innovation and disruption built largely around IP technologies. We all know what that's done for telcos -- and communications in general. more

Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting

The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more

7 Reasons Why R&E Networks and Universities Are Critical to Future of Broadband

There has been considerable discussion about the future of broadband in terms of infrastructure i.e. fiber, wireless, community owned etc. However, there has been little discussion, to borrow a phrase from Internet 2, on Net+ broadband services. It is in the Net+ services where I think R&E networks can play a critical in helping communities and small commercial ISPs deploy advanced services and applications that will provide new business models to underwrite the costs of next generation broadband. more

Who Has Helped the Internet? May 31 Deadline for Nominations for 2013 Jonathan Postel Service Award

Do you know of a person or organization who has made a great contribution to the Internet community? If so, have you considered nominating that person or organization for the 2013 Jonathan B. Postel Service Award? The nomination deadline of May 31 is fast approaching! more

The Trouble with White Spaces

Like several other engineers, I'm disturbed by the white spaces debate because it focuses on what I regard as the wrong question. The White Space Coalition argues that showing that a system can be constructed that prevents interference between White Space Devices and television broadcast signals compels the Commission to offer up the White Spaces for unlicensed use. This is far from obvious. more