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The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more»

What Stopped the Cuban Internet in 1996 and What Is Stopping It Today?

The problem today is bureaucracy and its companions - fear of competition, change and stepping out of line. Cuba connected to the Internet in 1996, but three factors stifled the Cuban Net: the US embargo, economic depression during what the Cubans call the "special period" after the disintegration of the Soviet Union and the Cuban government's fear of free information, which was also fed in part by the Soviet collapse. more»

Trademark Owners' Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more»

The Importance of IPRC in Asia Pacific

I believe and strongly support Internet Principle and Right Coalition (IPRC) Charter is an important edition of document supplementing the principles and rights of individual internet users in any developing and least developed country. Especially in Asia Pacific region where the need and use of such document is immense, as there is a gap in recognition and awareness of rights of internet users. more»

Even Lawyers Have Domain Name Problems

No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more»

DNS and Stolen Credit Card Numbers

FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more»

Asia-Pacific Job Opening: Join Internet Society Deploy360 Programme to Promote IPv6, DNSSEC, More

Do you live in the Asia-Pacific region and are interested in accelerating the deployment of key technologies such as IPv6, DNSSEC, TLS or secure routing mechanisms? If so, my Internet Society colleagues involved with the Deploy360 Programme are seeking a "Technical Engagement Manager" based somewhere in the AP region. Find out more information about the position, the requirements and the process for applying. more»

A Look at Why We Need Fibre-to-the-Farm

One of the discussions I am currently having with my international colleagues is about the global trend towards urbanisation and the resulting shift of political, economic and financial powers from centralised states and federal structures to mega-city or mega-urban region centres. Some of my American colleagues expressed the fear that this would further marginalise rural communication. more»

Is the FCC Inviting the World's Cyber Criminals into America's Living Rooms?

In October 2012, the Chairman and Ranking Member of the House Intelligence Committee issued a joint statement warning American companies that were doing business with the large Chinese telecommunications companies Huawei and ZTE to "use another vendor." The bipartisan statement explains that the Intelligence Committee's Report, "highlights the interconnectivity of U.S. critical infrastructure systems and warns of the heightened threat of cyber espionage and predatory disruption or destruction of U.S. networks if telecommunications networks are built by companies with known ties to the Chinese state, a country known to aggressively steal valuable trade secrets and other sensitive data from American companies." more»

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more»

A New Frontier for the Global South

The Fund for Internet Research and Education - FIRE - is an initiative of AFRINIC that gives Grants and Awards to outstanding projects that use the Internet to provide innovative solutions to Africa's unique education, information, infrastructure, and communication needs. FIRE Africa is part of an initiative called The Seed Alliance that has LACNIC's FRIDA Program, APNIC's ISIF.Asia program, and the Internet Society as members. more»

Can Hybrid DDoS Mitigation Stop Large Application Layer Attacks?

We recently received an email from a customer asking about hybrid DDoS mitigation and its ability to stop large application layer attacks. Here's the truth: Hybrid DDoS mitigation works and can stop large application layer attacks. Hybrid DDoS mitigation typically involves a purpose-built DDoS mitigation appliance or software on dedicated hardware that sits immediately in front of or behind an enterprise's edge router. more»

Declaring IPv6 an Internet Standard

I've already shared my thoughts following a session of the IPv4 Sunset Working Group at IETF 95 that considered whether to declare IPv4 an "Historic" specification. Of course, as one would expect for a meeting of a Standards Development Organization (SDO), that wasn't the only standards process discussion through the week. Another session, this time in the IPv6 Maintenance Working Group, considered the related topic of whether to make the IPv6 specification a full Internet Standard. Let's look at that proposal. more»

ICANN Fails Consumers (Again)

In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response to three U.S. senators invokes the input of "end users from all over the world" as a way of explaining how the organization is driven. Regardless of the invocation of the end user (and it must be instinct) ICANN cannot seem to help reaching back and slapping that end user across the face. more»

French Supermarket Giant LeClerc Turns On DotBrand

Earlier this week French supermarket giant E.Leclerc launched a new site for their sports' goods. The key change? The new site lives at sport.leclerc. Leclerc, which employs over 94 thousand people, is one of the companies that opted to get its own "dotbrand". While some companies have rolled out a variety of different things on their own domain extension it's still rare to see a brand launching anything with mass market appeal using their own TLD. more»

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