Featured Blogs

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names

The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in respondent's favor. The third circumstance is "you are making a legitimate noncommercial or fair use of the domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue." more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Over 100 gTLD Applications Committed in Aug. 13 Applicant Auction

In early June, the first Applicant Auction resolved contention for 6 contested gTLDs. The successful outcome of that auction has generated a great deal of interest from other applicants, and Innovative Auctions is expecting a big turnout in our next auction, to be held on August 13th. For more than half of the contested applications, at least one applicant is ready to resolve contention via our auction. more

Is Telemedicine Here to Stay?

It's going to be interesting to see if telemedicine stays after the end of the pandemic. In the past months, telemedicine visits have skyrocketed. During March and April, telemedicine billings were almost $4 billion, compared to only $60 million for the same months a year earlier. As soon as Medicare and other insurance plans agreed to cover telemedicine, a lot of doctors insisted on remote visits during the first few months of the pandemic. more

Understanding the Brazilian Court Decision to Arrest Google’s Representative

Brazil has been on the news lately, and not for good reasons: an electoral judge order the arrest of Google's Director in Brazil for not complying with a court decision that ordered the removal a YouTube video with allegedly defamatory content. A lot has been said about this, but it seems that many people got it wrong, so let's recap some of the misinterpretations that circulated, specially those at the EFF website. more

Is Cable Broadband Equal to Fiber?

As I have blogged over the years, I have to give kudos to the folks at the big ISPs who have steadily provided controversial quotes that are worth writing about. The latest comes in an article by Linda Hardest at FierceTelecom. She quotes Charter's CEO Tom Rutledge talking about comparing cable broadband to fiber. She quotes Rutledge as saying... more

Over $1 Billion in Payments Made on Venmo in January 2016

I was fascinated to read today that over $1 billion (USD) in payments were made on Venmo in January 2016. What is Venmo, you might ask? Essentially it is a mobile app (on both iOS and Android) that provides an easy payment system, in many ways like a "digital wallet" where you can securely reach in and pull out some cash to give to someone... more

Trusted Notifier Arrangements Require Trust: Why Unpacking Misunderstandings Around Trusted Notifiers Is Important for Dealing With DNS-related Abuse

Domain Name System (DNS) Operators (Registries and Registrars) receive notices asking them to take action on a wide range of alleged technical and content-related abuses. However, there is a fundamental question of when it is appropriate to act at the DNS level and the evaluation of whether the alleged abuse meets a sufficient threshold for action at the DNS level. Additionally, given the volume of abuses occurring on the internet, existing resources, mechanisms, and protocols available in-house to Operators are in many cases insufficient to address abuses in a timely fashion. more

DNS Complexity Lessons

Recently, Bert Hubert wrote of a growing problem in the networking world: the complexity of DNS. We have two systems we all use in the Internet, DNS and BGP. Both of these systems appear to be able to handle anything we can throw at them and "keep on ticking." But how far can we drive the complexity of these systems before they ultimately fail? Bert posted a chart on the APNIC blog to illustrate the problem. more

How the Internet On Cable Became the Internet As Cable

When Rogers Communications began promoting its Rogers@Home high-speed Internet service nearly a decade ago, the company branded it "the Internet on Cable." Years later, their service, as well as those of their competitors, is gradually morphing into "the Internet as Cable" as broadcasters, Internet service providers, and cultural groups steadily move toward the delivery of content online that bears a striking resemblance to the conventional cable model. more

Even a Pandemic Isn’t Enough

The most incredible thing about the dot-org sale is no longer the billion-dollar price tag. It's not surprise fait-accompli announcement. It's not the republican billionaires. It's that the proponents have continued to advocate for it in the midst of the worst crisis the world has faced since the second world war. The biggest crisis in almost a hundred years. One that will reverberate for generations. more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

The IANA Transition’s Terrible, Horrible, No Good, Very Bad Day

Thursday, September 8, 2016 was a terrible, horrible, no good, very bad day for the prospects of the IANA functions transition being completed by October 1, 2016. Indeed, that same date - but in 2017 - may be the earliest that the handoff from NTIA to ICANN can be completed, given what last Thursday. The day began with the announcement that Sen. Ted Cruz would be making his first Senate floor remarks since exiting the Republican Presidential race, and that the talk's focus would be a continuation and escalation of his long-standing opposition to "Obama's Internet giveaway". Shortly after 11 am, Sen. Cruz began speaking from his Senate desk... more

IGF 2015: Running in Place

The Internet Governance Forum, held this year in the Brazilian beach resort town of João Pessoa, completed its 10th annual meeting Friday November 13. The IGF Secretariat claims that nearly 5,000 people attended. Moreover, it looks as if its existence will be continued for another 10 years when the UN meets in New York later this year. Vint Cerf declared it "the best IGF ever" in the closing open microphone session. But how good is "best?" more