In Which We Consider the Meaning of ‘Authorized’: GIVAUDAN FRAGRANCES CORPORATION v. Krivda

What does authorized access mean? If an employee with authorized access to a computer system goes into that system, downloads company secrets, and hands that information over to the company's competitor, did that alleged misappropriation of company information constitute unauthorized access? This is no small question. If the access is unauthorized, the employee potentially violated the Computer Fraud and Abuse Act (CFAA) (the CFAA contains both criminal and civil causes of action). But courts get uncomfortable here. more

ICANN and Your Internet Abuse

In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more

Privacy and the Future: Are We Good Trustees of the Internet?

Recently I was reminded of the words, "responsibilities and service to the community." To individuals involved in internet governance, these words should be well known. But have we lived by the code exemplified by these words? Have we lived up to the high standards that they represent? I have always been a student of history because it never fails to show me that humanity, on many occasions, tends to repeat the same mistakes. more

Looking Internally for the Success of Your TLD Strategy

Last week, I had the privilege of presenting at the Digital Marketing & gTLD Strategy Congress in London on how to create a TLD strategy and activate your path to market for launch. Some of the best and brightest minds in the industry attended and it was encouraging to hear from major brands such as Phillips, Microsoft, Google and KPMG, as well as a variety of other applicants. While in my previous blog I discussed why a .brand TLD strategy is important, let's now delve deeper into engagement strategies and why this is the key to a successful .brand. more

ICANN Opens GNSO Whois Study on Privacy/Proxy Abuse for Comment

ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity." more

23 Countries Ahead of U.S. in Internet Usage According to ITU Broadband Report

United States ranks 24th worldwide in the percentage of residents who use the Internet, according to the International Telecommunications Union's 2013 State of Broadband Report, released recently at a meeting of the Broadband Commission for Digital Development. Eighty-one percent of U.S. residents use the Internet, the ITU said. Countries with the highest percentage of people using the Internet was Iceland, where 97 percent of the people are Internet users. The top 10 countries all had usage rates above 88 percent. more

Phishing: A Look Into the E-Crime Landscape

At the recent Anti-Phishing Working Group meeting in San Francisco, Rod Rasmussen and I published our latest APWG Global Phishing Survey. Phishing is a distinct kind of e-crime, one that's possible to measure and analyze in depth. Our report is a look at how criminals act and react, and what the implications are for the domain name industry. more

New gTLD Registration Strategies: Preparing for the Inevitable

As we draw closer to the first new gTLD registry launch, many companies are beginning the arduous task of developing their new gTLD registration and blocking strategies. And after speaking with dozens of clients, I can tell you that the planned approaches are ranging from very minimal registration and blocking strategies for one or two core brands, all the way through to registrations of multiple brands in every single new gTLD registry. more

New gTLDs Are Like Derivatives on Wall Street With No Value, Says Esther Dyson

In a story ran by the New York Times over the weekend, the viability of introducing hundreds of new top-level domains in the market has been criticized by individuals including Esther Dyson, a technology investor who served as the founding chairwoman of ICANN. Dyson likens ICANN's plan for the introduction of new gTLDs to creating derivative-like businesses on Wall Street that have no value. "You can charge people for it, but you are contributing nothing to the happiness of humanity." more

Who Are the True Multi-Stakeholders in ICANN?

During ICANN Durban, I attended the Country Code Names Supporting Organisation (ccNSO) 10 year anniversary celebrations. ICANN Chairman, Dr Steve Crocker, was on hand to congratulate the ccNSO on their 10 years and revered them as the "true multi-stakeholders in ICANN". Post Durban, I was reviewing notes and I came across a similar statement made during a ccNSO session that country code Top-Level Domains (ccTLDs) "represent the best functioning multi-stakeholder model" in the ICANN ecosystem. Is this entirely accurate? more

2% of All Traffic to Google Now Over IPv6! (Doubling in Past Year)

This weekend brought the great news that Google's IPv6 statistics have shown that connections over IPv6 to Google's web sites hit the 2% threshold for the first time. (You can see for yourself.) While 2% sounds tiny, as I wrote in a Deploy360 post today, the important fact here is that this represents a doubling of IPv6 traffic to Google over the past year! more

Mobiles Moving Into Fixed Networks

There are often confused reports in the media about mobile and fixed broadband, with arguments that one could replace the other. Yet the reality is that they coexist and complement each other - perhaps even more so since one cannot manage without the other. Increasingly, devices such as smartphones, tablets and smart TVs are at the end of fixed lines, with a wireless (WiFi) connection between the fixed line and the device. more

You Just Signed a Registry Contract With ICANN. What Are Your Plans?

Back on February 4, 2013, I wrote a CircleID post entitled 'How the registrar Cash Flow Model Could Collapse with New ICANN gTLDs.' My key point back then was this: new gTLD applicants need to be mindful of how the cash flow policies of their registry (and of their back-end service provider) could impact whether their TLD is actively promoted by ICANN registrars... registries have historically assumed near-zero risk. This is going to change. more

Wow. That’s a Lot of Reserved Names

ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more

Key Steps for Operational Readiness and Successful Launch of a New gTLD

31 August 2013 marked a historic day for Internet users worldwide. It marked a very key day in the introduction of new gTLDs. On that day ICANN, who oversees the gTLD programme, six years in the making, announced the completion of gTLD Initial Evaluation (IE) results based applicant's ability to demonstrate their financial, technical and operational capability to operate and manage a TLD Registry. more