The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more
During the ICANN79 in San Juan, Puerto Rico, in March 2024, the North America School of Internet Governance (NASIG 2024) convened with an over-encompassing theme, "Confronting Truth, Trust, and Hope in Internet Governance." A pivotal panel discussion titled "Can We Survive Digital Fragmentation?" underscored the essentiality of global connectivity and the urgency to understand and address the layers of fragmentation impacting the internet's universal fabric. more
There have been a number of occasions when the Internet Engineering Task Force (IETF) has made a principled decision upholding users' expectations of privacy in their use of IETF-standardised technologies. (Either that, or they were applying their own somewhat liberal collective bias to the technologies they were working on!) The first major such incident that I can recall is the IETF's response to the US CALEA measures. more
In his January 12 SpaceX update, Elon Musk said the biggest goal for Starlink from a technical standpoint is to get the mean latency below 20 ms. He expanded by saying that given the speed of light, 8 ms is the absolute minimum latency for a satellite at 550 km. He believes they can optimize terrestrial and inter-satellite links, and minimize queueing delays and dropped packets, to recude the the rest of the time to below 10 ms. more
An IPv4 address identifies your connection to the online world. IP addresses make it possible to host websites, manage secure communication, and engage in countless other essential, internet-related activities. Typically, when migrating to a new cloud provider, a business has only one path: lease the provider's IP addresses. But what if a business already has a block of IP addresses? more
Hackers have commandeered approximately three million smart toothbrushes, transforming them into a botnet for launching a DDoS (Distributed Denial of Service) attack against a Swiss company's website, causing significant financial losses. more
Jay Fink had an interesting little business. If you lived in California, you could give him access to your email account; he'd look through the spam folder for spam that appeared to violate the state anti-spam law and give you a spreadsheet and a file of PDFs. You could then sue the spammers, and if you won, you'd give Fink part of the money as his fee. more
This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more
In May of this year, I questioned whether the continued legal maneuvering of a company called Altanovo Domains Ltd. (Altanovo) could further delay the launch of .web. After reading its second Independent Review Process (IRP) complaint, and ICANN's response, it seems that the unfortunate answer is a resounding "yes," or at least that is Altanovo's intent. more
ICANN's response to the European Union's Network and Information Security Directive (NIS2) is a litmus test on whether its policy processes can address the needs of all stakeholders, instead of only satisfying the needs of the domain industry. Early indications from the ICANN Hamburg meeting point to another disappointment for law enforcement, cybersecurity professionals, and the many businesses seeking to reinstate WHOIS as required by NIS2. more
The European Union's Network and Information Security Directive (NIS1), introduced in 2016, aimed to strengthen cybersecurity among Member States. However, market fragmentation and growing digital threats led to the enactment of the NIS2 Directive. more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
Section 706 of the Telecommunications Act of 1996 orders the FCC to "encourage the deployment on a reasonable and timely basis of advanced telecommunications capability to all Americans." On October 25, The FCC issued a notice of inquiry (NOI) into how well we are doing and invited comments. The NOI points out that COVID and the concomitant increase in the use of interactive applications has "made it clear that broadband is no longer a luxury... more
The FCA has been naming and shaming financial scam domains for decades. Its "warning list" is probably one the most extensive databases of its kind. But does it do a good enough job of actually warning people? Let us begin with the FCA website, which would not exactly get full points for user-friendliness: locating the "watch list" is a task in and of itself, to say nothing of consulting and scrutinising it. more
On October 12, 2023, the 18th Internet Governance Forum (IGF) ended in Kyoto. It was, with more than 9000 registered participants, the largest IGF since its inception in 2006. UN Secretary-General Antonio Guterres and Japan Prime Minister Fumio Kishida opened the five-day meeting. The tangible output included 89 "IGF Messages from Kyoto," four substantial reports with recommendations from IGF Policy Networks (PN) for Artificial Intelligence... more
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