CircleID

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»

Help Shape the Future of the Internet

This year, the Internet Society celebrates its 25th anniversary. Our own history is inextricably tied to the history of the Internet. We were founded in 1992 by Internet pioneers who believed that "a society would emerge from the idea that is the Internet" -- and they were right. As part of the celebration, this September we will launch a comprehensive report that details the key forces that could impact the future of the Internet. The report will also offer recommendations for the Future and we need your input. 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»

WIPO's UDRP 'Overview' Gets Bigger (and Better)

Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more»

Be Agile or Be Edged Out: "Live" from TM Forum 2017

I like a conference that's "Live". Not just a lively crowd coalescing together to passionately discuss and debate matters of common interests, but more so in the sense of physical presence: things you can feel and touch. In the case of the TM Forum Live! 2017 event, held last week at Nice, France, it's the Catalyst Pavilions where innovative solutions, best practices, and even exploratory experimentations were on full display. Do I mean that for an IT Operation Support Systems (OSS) and Business Support Systems (BSS) trade show, you can touch it? Yep. more»

Hidden in Plain Sight: FCC Chairman Pai's Strategy to Consolidate the U.S. Wireless Marketplace

While couched in noble terms of promoting competition, innovation and freedom, the FCC soon will combine two initiatives that will enhance the likelihood that Sprint and T-Mobile will stop operating as separate companies within 18 months. In the same manner at the regulatory approval of airline mergers, the FCC will make all sorts of conclusions sorely lacking empirical evidence and common sense. more»

Registered Your DMCA Contact Address Yet?

It is not much of an exaggeration to say that the Digital Millenium Copyright Act of 1998 makes the Internet as we know it possible. The DMCA created a safe harbor that protects online service providers from copyright suits so long as they follow the DMCA rules. One of the rules is that the provider has to register with the Copyright Office to designate an agent to whom copyright complaints can be sent. The original process was rather klunky; send in a paper form that they scan into their database, along with a check. more»

Security Costs Money. So - Who Pays?

Computer security costs money. It costs more to develop secure software, and there's an ongoing maintenance cost to patch the remaining holes. Spending more time and money up front will likely result in lesser maintenance costs going forward, but too few companies do that. Besides, even very secure operating systems like Windows 10 and iOS have had security problems and hence require patching. (I just installed iOS 10.3.2 on my phone. It fixed about two dozen security holes.) 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»

WannaCry: Patching Dilemma from the Other Side

WannaCry, originated firstly in state projects but spread by other actors, has touched upon myriads of infrastructure such as hospitals, telecommunication, railroads that many countries have labelled as critical. IT engineers are hastily presenting patching codes in various localized versions. The other patch needed, however, is more than technical. It is normative and legislative. The coding of that patch for a situation like this is in two layers of dilemma. more»

The 2-Character Answer to this GAC Advice Should be "No"

ICANN's Governmental Advisory Committee (GAC) has reacted to the ICANN Board's November 2016 decision to authorize the release of two-character domains at new gTLDs with advice to the Board that does not have true consensus backing from GAC members and that relates to procedure, not policy. The Board's proper response should be to just say no, stick to its decision and advise the GAC that it will not consider such advice. more»

It's Up to Each of Us: Why I WannaCry for Collaboration

WannaCry, or WannaCrypt, is one of the many names of the piece of ransomware that impacted the Internet last week, and will likely continue to make the rounds this week. There are a number of takeaways and lessons to learn from the far-reaching attack that we witnessed. Let me tie those to voluntary cooperation and collaboration which together represent the foundation for the Internet's development. more»

How Aruba is Using Racing Sponsorship to Make Itself a Premium Brand

Sitting in the Aruba hospitality at the Italian round of the Superbike World Championship in Imola, CEO Stefano Cecconi exudes passion. The love he has for motorcycles in general, and racing in particular, is evident. Less so is the rational behind Aruba's multi-million-euro-a-year spend to be the title sponsor for the factory Ducati World Superbike team. For Internet industry onlookers at least. more»

The Criminals Behind WannaCry

359,000 computers infected, dozens of nations affected world-wide! A worm exploiting a Windows OS vulnerability that looks to the network for more computers to infect! This is the most pernicious, evil, dangerous attack, ever... Queue the gnashing of teeth and hand-wringing! Wait, what? WannaCry isn't unprecedented! Why would any professional in the field think so? I'm talking about Code Red, and it happened in July, 2001. more»

Why Not Connect Cuba's Gaspar Social Streetnet to the Internet?

I've been covering Cuban streetnets (local area networks with independent users that are not connected to the Internet) for some time. Reader Doug Madory told me about Gaspar Social, a new streetnet in Gaspar, a small town in central Cuba. Gaspar Social opened to the public last October and has grown quickly -- about 500 of Gaspar's 7,500 residents are now users. Streetnets are illegal in Cuba and the government has ignored some and cracked down on others... more»