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Domain Registry/Registrar Cross Ownership: A Reality Check

Funny how marketplace reality can poke holes in claims and theories. A debate is raging between some existing registries (Afilias, PIR, Neustar) and registrars like ourselves over the issue of 'cross-ownership' in Top-Level Domains (TLDs). At question: should the same set of shareholders be allowed to own all or part of a registry as well as a registrar that sells names in the TLD owned by the registry? These registries are saying 'no', and one of their principal objections is they think current registrars have an unfair advantage in pursuing TLD deals. more

Defining Broadband

The FCC is seeking public comments to help create a better definition of "broadband". The effort is in relation to its development of a National Broadband Plan by February 2010 as part of the American Recovery and Reinvestment Act. Accurately noting that "broadband can be defined in myriad ways" and "tends to center on download and upload throughput," the FCC seeks a more robust definition. The definition will be part of the governance over those receiving funding for broadband development as part of the Recovery Act. This could get interesting. more

Glaring Weaknesses in Prosecuting International Cyber Crime

I have to tell you -- I'm not really happy about the fact that the majority of serious cyber crime on the Internet happens without any legal prosecution. I spend an enormous amount of time -- far beyond my "day job" and exceeding what some might consider my professional capacity -- tracking cyber crime. I also work closely with law enforcement (both in the U.S. and abroad) to assist in the intelligence gathering process, putting the pieces of the puzzles together, connecting the dots, and so forth. And most of the major criminal organizations are still operating (pretty much) in the open, with fear of retribution or criminal prosecution, for a number of reasons. more

Swedish Regulator Bans Inclusion of Letters “b”, “a”, “n”, “k” in Domain Names Under .SE

Swedish Regulator PTS have today notified .SE, the Swedish (.SE) TLD registry that they have to change the rules... In short, the decision implies that any form of the sequence of the characters "b", "a", "n", "k" are illegal in domain names in Sweden. Further that checks of what domain names are registered are to be checked before registration. more

Choosing the Right Path to a Permanent Accountability Framework for ICANN

Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more

ICANN Regional Meeting and More Questions on nTLDs

Congratulations and thanks to ICANN for hosting the North America Regional meeting at the Sheraton in downtown Toronto, Canada. This event was done first class and was in my opinion a highly successful meeting... At this regional ICANN meeting many interesting topics were covered. Some topics though not at the foremost of my mind, surprisingly were not only highly interesting but very informative. more

Broadband Giants Stay Neutral on Network Funding

It looks as if the big boys like AT&T, Verizon and Comcast are passing on the stimulus money. The official reason is that they don't need it, that they enough cash on hand to build out their networks on their own. Fair enough. Perhaps the funding should be reserved for those more in need, those that just need a boost to fund a new business model or expand service. But there are probably other reasons. more

FCC Requests Comments on Definition of “Broadband”  - Comments Due Aug 31; Replies Due Sept 8

The FCC is engaged in researching and preparing a National Broadband Plan which is due to Congress in February 2010. The FCC has released a Notice of Inquiry soliciting comments for the plan and is currently actively holding a lengthy series of workshops exploring the different aspects of what might go into the plan. more

Helping Banks Fight Phishing and Account Fraud, Whether They Like It or Not

On Wednesday, Project Honey Pot filed an unusual lawsuit against "John Does stealing money from US businesses through unauthorized electronic transfers made possible by computer viruses transmitted in spam." Their attorney is Jon Praed of the Internet Law Group, who is one of the most experienced anti-spam lawyers around, with whom I have worked in the past. more

Threats to Internet Oversight Mount as Key Protection Expires

Before the US Government abdicates its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) it should take a long, hard look at the mounting efforts by world governments to assume greater power over the Internet's addressing system. If those efforts meet no further resistance, the once-theoretical threat of "capture" could become a reality. At the end of September, the Joint Project Agreement (JPA) between ICANN and the US Government is set to expire. The JPA is part of a decade-long agreement where the US transitions control of Internet addressing to ICANN. more

ICANN Must Simultaneously Reveal TLD and Second-Level Registration Rules

I outline two possible drawbacks with the idea of first revealing rules for the new proposed Top-Level Domains (TLDs) and then for second-level registrations. I propose a lottery process to initially allocate second-level domain names. A number of people have voiced concerns about the idea of automatically granting the winner of the TLD a monopoly power over second-level domain registrations. We should also be worried about the financial interest ICANN has in not providing the rules for the two-level registrations simultaneously. more

Oh, Spammer, Where Art Thou?

A few weeks ago, I posted a piece on where individuals spammers were located in terms of sending IP. The United States was number 1, followed by China. This is in terms of total volume of spam that they send. However, a second piece of data that I did not take a look at was where all of the individual spam sites contained within the spam was located. For example, does a lot of spam sent from the United States point to spammy URLs hosted in China? more

Corporate Domain Registration Practices in Light of New gTLDs

For years, corporate domain name administrators have scoffed at every new second-level and third-level country code Top-Level Domain (ccTLD) liberalization, and rightly so. Until recently, most had continued the practice of registering significant numbers of variations, misspellings and typo-squats. While I have never encouraged the practice of registering every variation in every geography, as this becomes prohibitively expensive over time... With what seems to be the imminent launch of hundreds of new TLDs as a result of ICANN's new initiative, companies appear to be saying enough is enough, and meaning it. more

New gTLDs: Let the Gaming Begin (Part I - TLD Front Running)

A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more

The Chinese Domain Name Bubble Bursts

Nearly one year ago, I asked Will .CN become the next .COM? And perhaps I was right in more ways than one. Because now it appears that .CN is experiencing its very own .COM bust. Just a year ago Chinese domain registrations were booming, so quickly in fact that .CN had surpassed .DE to become the most-registered ccTLD. more

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