Featured Blogs

Lawful Registrations of Domain Names

Doug Isenberg notes in a recent CircleID essay that two records in domain name disputes were broken in 2017, namely number of cybersquatting claims (3,036 in 2016, 3,073 in 2017) and number of domain names implicated (5354 in 2016, 6370 in 2017). Fairly consistently from year to year, approximately twenty percent of filings are terminated (withdrawn): whether by settlement or nolo contendere we don't know. (All of these statistics come from the World Intellectual Property Organization (WIPO). more

Rewiring Internet Governance: Choice and Control (Part 2)

It is tempting to write off ICANN as a U.S. foreign policy lackey and that's all there is to say about ICANN. However, if the mantra for rewiring governance means "lets get ICANN" we risk missing forest for trees. ICANN is merely the symptom of a dysfunctional governance predicament that somehow (despite best efforts) skews oversight. Shapiro, for example, regards oversight as a "game" (1994). His "delegation dilemma" or "agency problem" stems from two options, neither of which are attractive vis-á-vis governance. more

A Case for Looking Before Leaping: The IANA Stewardship Proposal

In my comments on the draft Cross-Community Working Group (CWG) on Naming Related Functions proposal for the IANA transition, I expressed my overall support, albeit somewhat reserved, for the proposal... but with the ICG's deadline of January 15 having come and gone, and the informal deadline of January 31 looming for the revised proposal from the Names community to be submitted, I'd like to shed some light on what I believe the role and reasoning for some of the mechanisms identified by the CWG, specifically the Contract Co., to be. more

A Multistakeholder Model if We Can Keep It: 25 Years of ICANN

I go back to the International Forum on the White Paper (IFWP). (Like Jeff, I was very young.) The Department of Commerce had just issued the White Paper, and there was a proposal that we pass control of the critical Internet identifiers to a new not-for-profit corporation with a bottom-up Multistakeholder way of making policy and an international board of directors. more

Retrograde Inversion of Telecommunications Policy

Going backwards upside down. That's what we're doing with telecommunications policy in the U.S. The Comcast affair should prompt a re-examination of many decisions the FCC, Congress, and the courts have made over the last few years. When the FCC reports on its reactions to Comcast's activities, the right response will be "You're asking the wrong question." "What is reasonable network management" isn't the question we should be asking... more

ICANN’s NomCom 2-Stage (R)evolution

ICANN's Nominating Committee (NomCom) is both a strange animal and a precious resource. Having a committee charged with first recruiting, then selecting suitable candidates to hold key positions within ICANN is something that is often little, or even mis, understood. Within the ICANN community itself. By the very nature of its recruitment role, the NomCom has to remain secretive. About who the candidates are, at any rate. But that doesn't mean the rest of the NomCom's processes must remain so. more

The Reality Virus

There's a new virus infecting the Internet that's more pernicious and more dangerous than any virus that has gone before. It's the first example ever of a hybrid Internet-human virus and probably the universal common ancestor of all hybrid Internet-human viruses to come. The condition the virus leaves behind is increasingly well recognised and goes by the understated label of "post-truth" but the virus itself is so far anonymous and so I propose we name it after the effect it has on those it has infected who, put simply, can no longer distinguish reality from fiction, hence the reality virus. more

Senate Judiciary Leaders Ask New IP Czar to Facilitate ICANN-Focused Conversations

Daniel Marti was nominated to become the new White House "IP Czar" in August 2014 to replace Victoria Espinel. His predecessor, in yet another illustration of Washington's "revolving door" shuffling key individuals between the government and private sector, departed the post a year earlier to become head of BSA/The Software Alliance, the leading trade group for the software industry. more

The gTLD Opera

The curtain rises on January 12th 2012 but key players are still singing different tunes. Let's peek into their performance as they start taking center stage. FTC, the Federal Trade Commission, has sent a letter to ICANN on December 16th 2011. Re: Consumer Protection Concerns Regarding New gTLDs. They write; "We write now to highlight again the potential for significant consumer harm resulting from the unprecedented increase in new gTLDs." The following paragraph clearly highlights the lack of information about the ICANN gTLD platform. more

ICANN: Governance & Authority

It is almost 25 years since the Internet was privatized by the U.S. government. ICANN was formed by Esther Dyson and Jon Postel as a California-based non-profit with the responsibility to administer the Internet. However, the U.S. government retained limited control, primarily through the Internet Assigned Numbers Authority (IANA). It was the revelations, in 2013, of highly classified National Security Agency (NSA) documents by Edward Snowden that sparked global concerns over the U.S. dominance of the Internet.  more

7 Reasons Why R&E Networks and Universities Are Critical to Future of Broadband

There has been considerable discussion about the future of broadband in terms of infrastructure i.e. fiber, wireless, community owned etc. However, there has been little discussion, to borrow a phrase from Internet 2, on Net+ broadband services. It is in the Net+ services where I think R&E networks can play a critical in helping communities and small commercial ISPs deploy advanced services and applications that will provide new business models to underwrite the costs of next generation broadband. more

No Time Bar, No Laches under the UDRP

Two Uniform Domain-Name Dispute-Resolution Policy (UDRP) decisions posted this month involved domain names registered 20 and 21 years ago, David Duchovny v. Alberta Hot Rods c/o Jeff Burgar, 21 years and Commonwealth Bank of Australia v. Registration Private, Domains By Proxy, 20 years. Complainants prevailed in both cases. The domain names stand out as being the oldest to have been found registered in bad faith, and transferred. more

The Machine Learning Operations Tooling Landscape Expands to 300

Happy New Year! There is no scarcity of Machine Learning Operations products being introduced to the industry. Since June of 2020, over 84 new ML toolsets incorporating but not confined to All-in-One, data-pipeline, and model training applications were born. In this list of almost 300 MLOps tools, there are 180 startups. Out of these 180 startups, more than 60 raised capital in 2020, and about two-thirds are fixated on data-pipelines and modeling-training. more

Air Travel Security: Practical Industry Suggestions From Us

I am just a security guy, as are many others who will read this. Perhaps it is time us "simple" security guys got together and wrote some recommendations for air travel security? Get out your voice out there as an organized professional group which can in turn lobby for our professional recommendations... Here are mine, just to get the ball rolling... more

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more