I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more
With just a little more than three months left in 2016, the number of domain name disputes filed at the World Intellectual Property Organization (WIPO) appears to be headed for a record year. According to public data published on the WIPO website, the current number of domain name disputes filed this year (as of this writing, September 27, 2016) is 2,228 - which would indicate that the total might reach 3,011 cases by December 31. more
In the brief history of Internet governance, few initiatives have been greeted with wider support than the recently signed Affirmation of Commitments between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers (ICANN). The praise is well deserved, but now it's time to remind ICANN of the problems that the AOC did not solve, most importantly ICANN's ongoing accountability gap. more
The October 2014 edition of the Afnic Industry Report on Domain Names is out with focus on the impact of the hundreds of new TLDs on "traditional" players. The October 2014 issue shows that gTLDs (.com, .biz., etc.) are impacted by the massive influx of new TLDs on the market whereas ccTLDs (.fr, .re, ...) are better resisting the newcomers. more
The integrity of any legal system depends on the quality of mind of those appointed to administer it. There are expectations that the one judging the facts and applying the law knows what the facts are and what law to apply. Panels appointed to adjudicate disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) are not held to any lower standard than the judges of courts of competent jurisdiction. more
At the recent IETF meeting there has been considerable discussion about interconnection of Content Delivery Networks. A lot of this is being driven unfortunately by the incumbent telco/cableco's who never understood CDN in the first place, and now want to assert control over this critical new Internet architecture, much in the same way that they want to take control over open WiFi hot spots as part of an integration strategy with their 3G/4G networks. more
The digital domain encompasses the different spaces and spheres we use to relate and interact with the people and things that surround us using digital technologies. The Universal Declaration of Human Rights, UDHR, as the globally accepted standard, should serve us as the guiding light when it comes to striking the delicate balance between our rights and responsibilities on and off-line. more
The COVID-19 Pandemic is causing huge social and financial shifts, but so far, its impact on network security has gone under-reported. Yet with thousands of companies worldwide requiring millions of employees to work remotely, network administrators are seeing unprecedented changes in the ways that clients are using their networks and new threats that seek to leverage the current crisis. more
A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more
Well, at this point, the government is well on its way to bailing out Wall Street from its own incompetence, putting taxpayers on the hook for $700 billion. The worst part is that as Treasury Secretary Hank Paulson puts it, "You're worried about taxpayers being on the hook? Well, guess what? They're already on the hook!" I read that and said "Aw, crap..." Anyhow, Wall Street should maybe learn something from botnet operators. For you see, botnets are not just for sending spam anymore. The bots have diversified their holdings... more
Burton Group issued a press release last week announcing the conclusions of my recent report on Skype. I thought the release clearly stated our conclusions on Skype, which essentially were that there are indeed security and management concerns that enterprises ought to be aware of, but that those risks may be outweighed by the business benefits offered by the use of the application, and that enterprises must carefully weigh risk vs. reward when evaluating Skype usage. more
Accurate registration data is essential for the global registry system. To ensure that the RIPE Registry's data is correct, up-to-date and accurate, the RIPE NCC regularly checks the Registry data to fix inconsistencies and outdated information. We recently evaluated and analysed all IP address ranges registered in the RIPE Database and were pleased to find that 96.09% of those records are considered accurate. more
As much as we talk here about the inner workings of the Internet's infrastructure, there are times when you have to just sit back and look at how incredibly cool some of the things are that are enabled by the Internet. For example, last week I was delighted to stumble across this excellent music video collaboration between the International Space Station's Canadian commander Chris Hadfield, the Canadian band Barenaked Ladies along with a Canadian student choir. more
In light of today's FCC ruling against Comcast, Electronic Frontier Foundation (EFF) has released a software tool dubbed, "Switzerland," for internet users to check ISP interference of their connections. Fred von Lohmann, EFF Senior Intellectual Property Attorney says: "The sad truth is that the FCC is ill-equipped to detect ISPs interfering with your Internet connection. It's up to concerned Internet users to investigate possible network neutrality violations, and EFF's Switzerland software is designed to help with that effort. Comcast isn't the first, and certainly won't be the last, ISP to meddle surreptitiously with its subscribers' Internet communications for its own benefit." more
There is growing interest in the US for the FCC to look at White Space to enable more options for broadband wireless in rural areas. What is White Space? Last weekend, the Sunday NY Times published an article about wireless services that included this description: "In many areas, not all broadcast [television] channels are in use. The unused channels are "white spaces" of high-quality spectrum that could be made available to local Internet service providers. Unlike the much higher frequency of Wi-Fi, television broadcast frequencies can travel for miles and penetrate walls, providing a much broader range for Internet service." There is a coalition of eight technology companies driving the discussion in the US... more