Uber Data Breach: Uber's Legal Liabilities Impact On Uber's IPO (video)

Lex analysis: Uber's legal liabilities

Uber's (domain: Uber.com) latest admission of data breach has added to the company’s serial moral failings. But apart from the existing financial effects, it also made Uber's public offering (IPO) plan announced for next year a difficult prospect. Financial Times (ft.com) video above published Nov 23, 2017.

See also:

Uber Technologies Inc. is a global transportation technology company headquartered in San Francisco, California, USA, operating in 633 cities worldwide.
Founded: March 2009, San Francisco, CA
Formerly called: UberCab (2009–2011)
Founders: Travis Kalanick, Garrett Camp
Subsidiaries: UberEATS, Otto, Xchange Leasing, LLC, Rasier LLC, more

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US DOJ Antitrust Division vs AT&T $T, DirecTV, & Time Warner $TWX

Why the U.S. Department of Justice Antitrust Division Wants to Block the AT&T-Time Warner Deal

Technalysis Research President Bob O'Donnell and Bloomberg Intelligence's Jennifer Rie discuss the U.S. Justice Department's antitrust lawsuit to stop AT&T's proposed acquisition of Time Warner. They speak on "Bloomberg Technology" on November 20, 2017.

U.S. v. AT&T Inc., DirecTV Group Holdings, LLC, and Time Warner Inc. | ATR | Department of Justice Monday, November 20, 2017:
  • Case Name: United States v. AT&T Inc., DirecTV Group Holdings, LLC, and Time Warner Inc. 
  • Case Type: Civil Merger 
  • Case Violation: Vertical Merger 
  • Market: Cable television networks, Cable television distribution operators, Direct broadcast satellite (DBS) services, Internet service providers, Cellular telephone communications carriers 
  • Industry Code: Cable and Other Subscription Programming Wired Telecommunications Carriers Wireless Telecommunications Carriers (except Satellite)
DOJ Antitrust Division Complaint (embed below):


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Bitcoin & Other Cryptocurrencies: Investing or Gambling? (video)

Cryptocurrencies: investing or gambling?

The FT Alphaville editor explains why she thinks buying cryptocurrencies (e.g., bitcoin) is more similar to gambling than to investing. She also explores how regulators and tax authorities around the world are slowly catching up with this technology. Financial Times (ft.com) video above published Nov 22, 2017.

Cryptocurrency: Commodity, Currency or Asset?
 Consensus Invest 2017
Consensus: Invest 2017 | CoinDesk.com Nov 28, 2017, New York City - SOLD OUT but streaming LIVE (see also @coindesk twitter feed further below).


Amazon Web Services AWS re:Invent 2017, Nov 27-Dec 1, Las Vegas

AWS re:Invent 2017

re:Invent 2017 in Las Vegas, NV from November 27 to December 1, 2017. More info: https://reinvent.awsevents.com/ and https://reinvent.awsevents.com/agenda/

See also: AWS Free Tier | aws.amazon.com.

Livestream Agenda (register here)--Date and Time Details:
  • Tuesday, Nov. 28, 8:00 PM – 9:30 PM PT Tuesday Night Live with Peter DeSantis, VP, AWS Global Infrastructure
  • Wednesday, Nov. 29, 8:00 AM – 10:30 AM PT Keynote with Andy Jassy, CEO, Amazon Web Services
  • Thursday, Nov. 30, 8:30 AM – 10:30 AM PT Keynote with Werner Vogels, Chief Technology Officer, Amazon.com

Amazon Web Services Just Made Its Biggest Pricing Change In Years | CNBC video

CNBC.com video above published Sep 19, 2017: The move comes four years after Google outdid AWS with per-minute pricing.

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News Review | ICANN Board Executive Committee, Conflicts of Interest

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2017-11-26) with analysis and opinion: Features •  1) ICANN Board Executive Committee, Conflicts of Interest, 2) ICANN news: a. ICANN61 Caravan, b. Public Comment Periods, c. 3 Peas in a Pod - ICANN is a "chummy private club"3) Names, Domains & Trademarks:  a. DOJ Antitrust - ICANN & Verisign $VRSN Next?, b. ccTLD .au, c. GoDaddy $GDDY, d. SteelyDan.com, e. .COM Brand Credibility, f. Worth Reading, g. Good Advice, 4) ICYMI: Internet Freedom, 5) Most Read.

1) Executive Committee of the ICANN Board of Directors, Conflicts of Interest:

"A boardroom dispute over ethics has broken out at the organization that maintains the Internet address system after its most important supporter, the United States government, reproached the group for governance standards said to fall short of “requirements requested by the global community.” The Commerce Department said this month that while it was temporarily extending a contract with the Internet Corporation for Assigned Names and Numbers [ICANN] to manage the allocation of computers’ Internet protocol addresses ... it warned the organization that it needed to tighten its rules against conflicts of interest or risk losing a central role ... “ICANN must place commercial and financial interests in their appropriate context,” said Mr. [Rod] Beckstrom, who is scheduled to step down from his post [ICANN President & CEO] in July. “How can it do this if all top leadership is from the very domain-name industry it is supposed to coordinate independently? ..."--The New York Times March 18, 2012, under the title "Ethics Fight Over [new gTLDs] Domain Names Intensifies" (emphasis added).
"If one wanted to capture ICANN on a single issue, or a group of interrelated issues, the most practical tactic might be bribery" -- John C. Coffee Jr., Columbia University Professor of Law, IANA Transition advisor to the U.S. Department of Commerce (NTIA). See News Review [24Jul]: IANA Transition & ICANN Corruption, Capture, and Control.
photo graphic: Executive Committee of the ICANN Board of Directors (source: ICANN.org)
Executive Committee of the ICANN Board of Directors (source: ICANN.org)
ICANN Board Executive Committee "(A) To the extent permitted by law, the Committee shall exercise all the powers of the Board during the interval periods between regular Board meetings when the Board is unavailable or unable to meet. (B) The Committee shall not have the authority to adopt, amend or repeal any provision of the Bylaws or take any other action which has been reserved for action by the full Board pursuant to the Bylaws, a resolution of the Board or which the Committee is otherwise prohibited by law to take."--Executive Committee Charter | As approved by the Board of Directors on 2 November 2017.

Membership and Leadership of ICANN Board Committees | ICANN.org: "Executive CommitteeCherine Chalaby (Executive Committee Chair)[also ICANN Board Chair]; Becky BurrChris Disspain [ICANN Board Vice Chair]; Göran Marby [ICANN President & CEO]."
Becky Burr, a former U.S. government lawyer, is employed by privately-held Neustar, a domain name registry operator and backend registry services provider for hundreds of new gTLDs. Neustar also owns another backend registry services provider, which Burr failed to disclose in her SOI (see below), ARI Registry Services, which reportedly was involved in the secret conflict of interest which caused the resignation of Kurt Pritz, ICANN's Chief Strategy Officer "best known as the architect of ICANN's new gTLD program" in 2012. A complete list of the new gTLDs and new gTLD applicants for which Neustar or ARI Registry Services is the designated backend registry services provider is not readily available on the ICANN website, but ntldstats.com provides some information (via its listings) for delegated new gTLDs: Neustar (223 new gTLDs) and ARI Registry Services (58 new gTLDs). 
Burr's SOI (Statement of Interest)(June 2017):
"J. Beckwith Burr: Vice President and Deputy General Counsel for Neustar, Inc., which contract [sic] with ICANN to operates [sic] .Biz and .Neustar, and which provides back-end registry services for numerous other gTLDs under contract with ICANN."

[Editor's note: Burr not only failed to disclose Neustar's connection with ARI Registry Services, but also failed to mention pending new gTLD applicants for which either Neustar or ARI Registry Services may be providing services, now or in the future.]
Chris Disspain is the former CEO of .au Domain Administration Ltd. (auDA), which terminated his contract in 2016. A question relating to Disspain while at auDA may be involved in this Freedom of Information request, but that request, unfortunately, was refused by the Australian government. I say "unfortunately" because allegations relating to ccTLD .au, its administration and management, have been a continuing saga, and may have no basis in fact or nothing to do with Disspain as auDA CEO (see item at 3)b. below). On the other hand, it's possible some of allegations may be both relevant (to Disspain as auDA CEO) and true.
Disspain's SOI (June 2017):
"Chris Disspain: Until March 2016, was Director and CEO of .au Domain Administration Limited, the .au ccTLD manager; .au has sponsorship agreement with ICANN under which .au pays ICANN a yearly amount based on the amount of names under management. .au Domain Administration Limited licenses AusRegistry Pty Ltd to run the registry for the second level names in .au. Under the Registry License agreement, AusRegistry pays fees to .au Domain Administration Limited; companies affiliated with AusRegistry are affiliated with new gTLD applications and registry operators." (emphasis added)

[Editor's Note: AusRegistry is also owned by Neustar (acquired with ARI Registry Services and other subsidiaries of Bombora Technologies Pty Ltd. in July 2015), which Disspain failed to note in his SOI. Disspain's LinkedIn profile also states he is Chairman of the Board of WGP Global (Oct 2014 – Present) and CEO of DNS Capital Ltd (2017), neither of which are disclosed in his SOI.]

Marby's and Chalaby's SOIs state only: "Nothing identified."

[Editor's note: "Nothing identified" is a very inadequate SOI response by any Director of a nonprofit public benefit corporation such as ICANNaccountable to the global internet community, not just to ICANN's jurisdictional authorities, the U.S. government and State of California. "Nothing identified" is a purely subjective response, and gives stakeholders and other third parties, no information upon which they might alert the Director, ICANN organization, or ICANN community, of a possible conflict (of which the Director may not even be aware, e.g., in connection with a large enterprise). To avoid even the appearance of impropriety, at a minimum, all ICANN Director SOIs should state the present, recent, and prospective relationships or positions (if known), of each Director with any non-ICANN entity (see, for example, Steve Crocker's SOI), with more specificity as to any interest or connection to any entity that does, or may do, business with ICANN or any of its contracted parties, or any of their subcontractors or suppliers, including consulting or professional services. As a sidenote, I am alarmed by ICANN Director George Sadowsky's SOI disclosure: "also in discussions with registry operator(s) for potential independent contractor relationship, but nothing yet in place." Without knowing more, it's possible one or more registry operators may be trying to improperly influence an ICANN director by promising a future "independent contractor relationship"--see Professor Coffee's comment (first above) about capture of ICANN through bribery. It wasn't that long ago that the entire new gTLDs program was forever tainted, not only by an unethical ICANN Board of Directors (see first link above), or the resignation of ICANN CSO Kurt Pritz due to a secret conflict of interest as noted above, but also by the controversial resignation of ICANN Board Chairman Peter Dengate Thrush after a key vote on the new gTLDs program, followed by employment of that former Chairman by a new gTLDs applicant's parent company. The ICANN Board's Code of Conduct and Conflicts of Interest Policy (more info here) are in need of review and amendments.]
Interestingly, Burr and Disspain have not gone through the due diligence screening process (background checks) that the ICANN Nominating Committee (NomCom) utilizes for ICANN Board membership, but apparently both have recently volunteered to do so. 
[Editor's note: review of the above gives one an understanding of how ICANN--the Board, organization, and "ICANN community"--could have been so grossly negligent as to outsource "technical feasibility" testing of all new gTLDs [see RA §1.2 Technical Feasibility of String] to the new gTLDs' hucksters, i.e., the new gTLDs applicants, knowing (since at least 2003) that most new gTLDs would "fail to work as expected on the internetwhich was again recently confirmed (pdf). Anyone ever seen a new gTLD applicant's report on the technical feasibility of any of their new gTLDs? Most, if not all, of the hucksters didn't bother, "it's all about the money." No wonder some have called ICANN's new gTLDs program a global "consumer fraud" upon both registrants and end users, about which ICANN has done nothing to warn or educate consumers or otherwise make consumers "aware" of all the defects of new gTLDs--no one at ICANN wants to talk about this kind of "awareness program." "It's all about the money."  See also on Domain Mondo:
Hopefully the lax standards of ICANN and its Board of Directors, identified above and elsewhere, will be corrected before long.  Until then, members of the global internet community may rightfully ask, "When will ICANN be run like a nonprofit public benefit corporation accountable to the global internet community, instead of just a 'chummy private club' licensed by the State of California?" ]

"Those that cannot remember the past are doomed to repeat it."--George Santayana

2) ICANN news
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. ICANN's 'Chummy Private Club' Caravan to ICANN61--CCWG-Accountability-WS2 Travel Funding for ICANN 61--If  ICANN didn't pay people to show up (including travel expenses, hotel, $60 per diem, $400 stipend), how many would bother to come? The people being paid to show up over and over again, are a small group of 'ICANN insiders' who (to paraphrase the words of former ICANN Board Chair Esther Dysonpretend to represent the global internet community. The "gravy train" reports are published here. (Note: ICANN60 reports unavailable.)

b. Public Comment Periods Closing in December 2017 | ICANN.org: at 23:59 UTC on the respective dates indicated below (subject to change):

c) 3 Peas in a Pod
Uniregistry's 3000% Frank Schilling, with his pals ICANN GDD President Akram Atallah and ICANN GDD VP Cyrus Namazi at ICANN60. ICANN is a "chummy private club."
3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
a. Antitrust Enforcement: First AT&T, ICANN and Verisign $VRSN Next? 
"ICANN is just a scam and the entire industry is based on monopolistic fraud with DC payoffs."--Mike Mann, domain names registrant and domainer, March 30, 2017.
President Trump's new head of the U.S. Department of Justice Antitrust Division, Makan Delrahim, brings the Trump administration's first major antitrust enforcement action: AT&T, U.S. Prepare to Battle in Court Over Time Warner Merger | Bloomberg.com Nov 20, 2017: "The legal challenge ... [deals] a blow to a tie-up that appeared to be sailing toward approval as recently as a month ago. That was before Delrahim was appointed to his post. “This merger would greatly harm American consumers,” he [Delrahim] said Monday. “It would mean higher monthly television bills and fewer of the new, emerging innovative options that consumers are beginning to enjoy.”

[Editor's note: Maybe Delrahim can do something about monopolists ICANN and gTLD registry operators, which are shamelessly price-gouging consumers (registrants) in the United States and worldwide. For background, see this and this. See also: News Review | Global Public Interest: Why ICANN Will Always Be A #FAIL.]

b. ccTLD .au: Review of Australia’s .au domain management | Department of Communications and the Arts | gov.au"seeking feedback on the management of the .au domain to ensure it remains fit for purpose in serving the needs of Australians online."  Consultation Period: Nov 16, 2017 16:00 AEDT to Dec 18, 2017 17:00 AEDT. Review of Australia’s .au domain management - Discussion paper for Review of Australia’s .au domain management published 16th Nov 2017: Download PDF (393.02 KB). More info at the first link above, and at Lexology.com.

c. GoDaddy (NYSE:GDDY): Goldman Sachs has added GoDaddy to its hedge fund VIP list. Shares of the top five companies on that list--Facebook, Amazon, Alibaba, Google, and Microsoft--have outperformed the S&P 500 by 770 basis points this year--SeekingAlpha.com.

d. SteelyDan.com: Donald Fagen has sued Walter Becker's estate, alleging the Becker estate is improperly asserting control over the Steely Dan name, specifically, the band's website [domain: steelydan.com], which the estate currently operates, and that Becker's estate has not "relinquished or shared control of that domain name with Fagen" and "absent an injunction… will continue to misappropriate Steely Dan's website and otherwise inappropriately use the Steely Dan name.""--RollingStone.com.

e. How to make your brand look credible for overseas customers | startups.co.uk: 1. Get a .COM domain name. [Editor's note: the default TLD for business in the U.S., and globally, is .COM (and will continue to be for the foreseeable future despite all the misinformation coming from inept ICANN and its new gTLDs' "partners.") More info here.]

f. Worth Reading: The Big Issues in the Domain Industry - Part 2 | whizzbangsblog.com.

g. Good Advice: Only buy what (domains) you need | OnlineDomain.com.

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
• Only 23% of the World Has a Free and Open Internet | Nextgov.com. [Editor's Note: soon to be far less than 23%--see next item below.]

• U.S.: Ajit Pai and the FCC want it to be legal for Comcast to block BitTorrent | TheVerge.com"Pai says his rules will “significantly reduce the likelihood” ISPs like Comcast will engage in behaviors that harm consumers. Not prevent, mind you, but reduce the chances. Such trust in market forces to work in a broadband market where 51 percent of Americans only have one choice of broadband provider! And if there is harmful behavior? Well, it won’t be so bad because at least we didn’t impose regulatory costs on Comcast and Verizon." [Editor's note: sounds like FCC Chair Ajit Pai is reading from the same playbook as inept ICANN. The sh*t hits the fan on December 14--Orwellian agenda item: "Restoring Internet Freedom."]

Pakistan: Study: Internet Freedom Worsens in Pakistan | VOAnews.com"Pakistan among the top four countries, including Brazil, Mexico and Syria, where people have been murdered in each of the last three years for writing about sensitive subjects online."

• China: Cyberspace Administration of China (CAC) Rejects Censorship Critics, Says Internet Must Be 'Orderly'--VOAnews.com.

U.S.: Defense Department Spied On Social Media, Left All Its Collected Data Exposed To Anyone | Techdirt.com: "I know that the US government still has this "collect it all" mentality, but as we've discussed over and over again, adding more hay to the haystack doesn't make it easier to find the needles."

5) The Four Most Read Posts (# of pageviews Sun-Sat) this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com
1. News Review | Incompetent Lawyers, Domain Names & ICANN's UDRP

-- John Poole, Editor, Domain Mondo 

feedback & comments via twitter @DomainMondo



Tech Review | Tencent Reaches $500 Billion Market Capitalization (video)

graphic "Tech Review" ©2017 DomainMondo.com
Tech Review (TR 2017-11-25)--Domain Mondo's weekly review of tech news with commentary, analysis and opinion: Features • 1) Tencent Reaches $500 Billion Market Capitalization, 2) Media & Advertising Disrupted, 3) Investing: Stock Indexes at Record Highs, Trump's First Year & Legacy, 4) ICYMI Tech News.

1) Tencent Reaches $500 Billion Market Capitalization

Tencent on Monday punched through a stock market capitalization of $500 billion, becoming the first Chinese technology company to join an elite group dominated by US corporations. Financial Times (ft.com) video above published Nov 20, 2017.
Tencent Holdings Limited (domain: tencent.com) is a Chinese investment holding conglomerate whose subsidiaries provide media, entertainment, social network, payment systems, smartphones, internet-related services, value-added services, e-commerce, artificial intelligence, property services, and online advertising services, principally in China. Global ambitions: will Tencent be as successful competing in the global marketplace as it is on China's state-controlled internet?
  • Tencent Holdings Ltd shares HKG: 0700 (pricing in HKDDisclaimer
  • Headquarters: Shenzhen, China
  • Revenue: 151.9 billion CNY (2016)
  • Subsidiaries: Supercell, China Literature, WeBank, MORE
  • Founders: Ma Huateng, Zhang Zhidong, Chen Yidan, Xu Chenye, Zeng Liqing
  • Tencent is the world's fifth-largest internet company by revenue according to wikipedia.org.
Tencent's killer app is WeChat (domain: wechat.com), a social mobile application with voice and text messaging service. It is the most popular social mobile application in China and some overseas Chinese communities, such as Malaysia. See: Tencent turns to WeChat, games and deals for global strategy"Malaysia the first foreign country to roll out its WeChat ecosystem," an executive told Reuters.com.

2)  Media & Advertising DisruptedWhy there's so much anxiety in the media business right now | CNN.com: "The digital advertising duopoly of Google and Facebook -- in which they take in 2017 about 90% of all the digital ad dollar growth -- drives everyone else in media to run tighter ships," said analyst Ken Doctor

See also:

3) Investing
graphic “Investing” ©2017 DomainMondo.com
The Week: Thanksgiving holiday in the U.S. made this a short week for investors, but a time to reflect on the year and give thanks:
"... Donald Trump is a lucky guy, and the economy during his first year in office has been a dream cocktail of favorable results. Real growth has increased from 2% over the past few years to 3% in the second and third quarters. (The third quarter was a real surprise. Everyone expected growth at 2% or below because of hurricanes Irma and Harvey.) Inflation is tame at 2%, very low for the late stage of an expansion (unless this isn’t a late stage). The 10-year U.S. Treasury is yielding a very unthreatening 2.4%, the unemployment rate is just over 4% and looks like it is headed into the 3% range, household net worth is at an all-time high, consumer confidence is at a 15-year high and the Standard & Poor’s 500 is at an all-time high. That’s a pretty good set of statistics for less than a year in office. Perhaps giving President Trump credit for all of it isn’t right, but it did occur on his watch ..."--Byron Wien Commentary | blackstone.com (excerpt)(emphasis added)
For the week ending Friday Nov 24, 2017, U.S. stocks: the S&P 500, NASDAQ, and Russell 2000, all end the week at all-time record highs--MarketWatch.com and S&P 500 closes above 2,600 for first time | CNBC.com.

Investing Notes:
  • Tax Bill: "After I saw that tax bill, I lost hope with the drain the swamp concept, the swamp keeps getting bigger."--DoubleLine's Jeffrey Gundlach. See also: The Republican Tax Plan Is Very Swampy | ZeroHedge.com.
  • Wall Street Betting on Tax Reform Passing? "Key point about the Shiller PE is therefore NOT that stocks are expensive. Rather, it is that markets expect inflation/interest rates to remain low and corporate earnings to stay elevated."--datatrekresearch.com 
  • Trump's Legacy: "Tax reform and the end of year spending deal will consume all of Washington's oxygen until the end of the year" but next week the Senate is scheduled to confirm President Trump's ninth judicial appointment to the U.S. Court of Appeals this year, which beats President Reagan's eight  in his first year, and President Obama's three in his first year in office. "This [judicial appointments] will be the single most important legacy of the Trump administration"--Sen. Chris Coons, Delaware Democrat and Senate Judiciary Committee member.--BusinessInsider.com
  • Goldman Sachs says 2017 was surprisingly good, 2018 will be more of the same"2017 is shaping up to be the first year of the expansion in which growth surprises to the upside ... We expect 2018 to deliver more of the same"--Goldman analyst Charles Himmelberg--cnbc.com.
  • Trump & China: Don't "be lulled by Trump's public praise of President Xi. Behind the scenes, [Trade Rep] Lighthizer's arguments are winning the day"--Axios.com.
  • Bitcoin: “Can you live without bitcoins? Yes. Could you live without tulips in the Netherlands? Yes,” said Sankaran Naren, CIO of ICICI Prudential Asset Management Company, at the Reuters Summit in Mumbai--Bubbly bitcoin not worth the wager: investors | Reuters.com.
  • Short $TSLA"Put it this way," short seller Jim Chanos said, "if you wouldn't be short a multi-billion-dollar loss-making enterprise in a cyclical business, with a leveraged balance sheet, questionable accounting, every executive leaving, run by a CEO with a questionable relationship with the truth, what would you be short? It sort of ticks all the boxes" --cnbc.com. See also: Bloomberg.com--Tesla’s Burning Through Nearly Half a Million Dollars Every Hour--"By this calculation, Tesla would exhaust cash on Aug. 6, [2018]."
  • $INTC--SeekingAlpha.com: Chromebooks--One Good Reason To Like Intel
  • 'The fear is gone,' boom-time complacency tops investors' worry list--Reuters.com.

4) ICYMI Tech News:
  • Amazon's Last Mile | gizmodo.com: "... plainclothes contractors with few labor protections, driving their own cars, competing for shifts on the company’s own Uber-like platform ... In terms of size, efficiency, and ruthlessness, Amazon has few equals ... "
  • Qualcomm to Win EU Approval for NXP Deal by End of Year--Bloomberg.com.

-- John Poole, Editor, Domain Mondo  

feedback & comments via twitter @DomainMondo



Advertising and Offline Retail: A Better Way to Track Shoppers (video)

A Better Way to Track Shoppers Offline

Stanford Graduate School of Business video above published Oct 9, 2017: Stephan Seiler, Associate Professor of Marketing, Stanford Graduate School of Business

YouTube.com auto-generated transcript (w/ minor edits):
00:00  [Music]
00:18  off-line compared to online retail is
00:20  still actually a very large fraction of
00:22  consumer spending so although online is
00:24  growing quite dramatically as of now
00:27  essentially still about 90 percent of
00:29  total retail spending happens in the
00:31  offline world and firms are still trying
00:33  to figure out how to best promote
00:35  products how to best run a price
00:37  promotions things of that sort and so we
00:40  wanted to go back and see can we
00:42  actually use tools that we learned about
00:45  it in the online world better types of
00:47  measurement and can we bring that back
00:48  through your flying world and try to
00:50  track things better so we know if I run
00:57  an ad online
00:58  I typically can track did somebody click
01:00  on it did it again to go to my website
01:01  how much they spend all this linkage is
01:04  much closer and those are often things
01:06  that we don't observe in the offline
01:07  world right so an online retailer would
01:09  know how did this consumer get to the
01:12  product you're ultimately purchased we
01:13  can observe browsing with a lot of
01:15  precision. Offline does usually no
01:17  equivalent traditionally we weren't able
01:18  to see how did somebody walk through the
01:20  store how did they actually get to the
01:22  specific aisle where they then picked up
01:23  products and so what we do in the study
01:26  is we actually bring in a new
01:28  measurement tool that's going to mimic
01:30  the way we're gonna observe things
01:31  online in the offline world and in
01:33  particular what we're going to do is
01:34  we're gonna rig consumer shopping carts
01:37  if you will with so-called radio
01:38  frequency identification tags which
01:40  worked like a GPS tracker that allow us
01:42  to track exactly how does somebody walk
01:44  through the store which category is
01:46  godigo? do they walk past what do they
01:48  eventually end up purchasing
01:50  [Music]
01:54  if in a particular week the supermarket
01:57  is running a beer ad do more people buy
02:00  a beer
02:00  that we were usually able to observe
02:02  even before but now we can also see did
02:04  actually more people go to the beer
02:06  aisle so did did that advertising
02:09  attract people to go to different part
02:11  was started they wouldn't have otherwise
02:12  gone to and then they made the purchase
02:14  if that's true then maybe this
02:16  advertising will have positive spillover
02:18  to other categories maybe people on
02:20  their way to the beer aisle are now
02:21  gonna pick up salty snacks other things
02:24  and so there's sort of anecdotally a lot
02:26  of that sense that we are gonna get
02:29  these kind of spillover effect so people
02:31  often talk about the fact that milk gets
02:33  stored in the back of the store
02:34  why because people buy it very
02:36  frequently and having it in the back of
02:38  the store makes them walk past a lot of
02:40  other categories and hence they might
02:42  pick up other things that they didn't
02:43  plan on buying on their way and so you
02:46  could imagine that advertising does
02:48  something very similar if advertising
02:49  allows me to divert traffic to other
02:51  parts of the store then maybe products I
02:54  pass on that way also gonna end up in my
02:56  purchase basket and so that was
02:59  something that we weren't usually able
03:00  to observe
03:01  [Music]
03:05  so for a store manager the good news
03:08  here is that advertising is quite
03:10  effective beyond just individual product
03:12  being advertised so what we find is that
03:14  when you advertise a particular brand of
03:16  beer sales go up in the beer category as
03:18  a whole and that increase comes partly
03:20  from the advertised brands but also goes
03:22  beyond that
03:23  so some consumers presumably just pick
03:26  up on effect beers being advertised
03:27  today they got reminded of I want to buy
03:30  beer and hence we seen increase in beer
03:31  sales and that's beyond the individual
03:34  product being advertised at the same
03:36  time we also find that the effect stops
03:38  there so to the extent that stores might
03:40  have to hope that driving more people to
03:43  the beer aisle through advertising will
03:45  then spill over into higher sales for
03:46  salty snacks or other categories that
03:49  are stocked nearby we find no evidence
03:51  for that whatsoever so we think so
03:53  things stop at the category level but
03:56  they go beyond individual product being
03:57  advertised and so hence as we think
04:00  about allocating advertising budget
04:02  thinking about effectiveness at the
04:04  level of the category rather than the
04:06  more narrow product level or the broader
04:08  store level seems to be the right way to
04:09  tackle that managerial decision
04:12  [Music]

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Quad9: A Safer Internet Experience, A Free Global DNS Service

Internet Security & Privacy In a Few Easy Steps: Quad9
IBM's new Quad9 [domain: quad9.net] Domain Name System (DNS) offering. Created in collaboration with Packet Clearing House (PCH) and the Global Cyber Alliance (GCA), Quad9 goes far beyond standard DNS name resolution, with four key areas of focus.--securityintelligence.com
  • Privacy: Unlike many other DNS services, Quad9 makes use of aggregated data, but by design does not store, correlate or otherwise employ any personally identifiable information (PII). Quad9 does not and never will share any of its data with marketers, nor will it use this data for demographic analysis.
  • Security: Quad9 makes security a chief priority to deliver superior protection against cybercrime networks and malware, integrating security analysis from individual machines’ DNS queries to global trends.
  • Scalability: Quad9 leverages PCH’s long history of providing highly robust DNS back-end infrastructure, including over 160 points of presence around the world.
  • Ease of use: Administrators can easily configure endpoint devices to point to the Quad9 DNS server at address
Safer Internet Experience for South Africa Announced | allAfrica.com: "... a free new global Domain Name System (DNS) service ... Quad9 provides an immunisation service against malware. It supports end-to-end encryption. The system has been in pilot for a year, with almost 1 million users globally ..."

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North Korea EMP Attack Threat Assessment, Decoding North Korea (video)

Empty Threat or Serious Danger: Assessing North Korea’s Risk to the Homeland

Homeland Security Committee Hearing streamed LIVE Oct 12, 2017: "North Korea’s recent provocations have raised concerns regarding the extent to which the regime has the capability to threaten the homeland. The Department of Homeland Security (DHS) has critical responsibilities to protect the homeland from an array of threats including cyber vulnerabilities, nuclear terrorism, and other risks. This hearing examines the risks posed by North Korea to homeland security and recommendations from private experts on how DHS can best prepare and mitigate these risks."

Chairman of the now defunded EMP commission William Graham and its former chief of staff Peter Vincent Pry have said an EMP attack would be devastating. “The result could be to shut down the US electric power grid for an indefinite period, leading to the death within a year of up to 90 per cent of all Americans.” Pry's LIVE testimony begins at 37:00 on the video above.

Rep. Scott Perry (R-PA), Subcommittee Chairman Opening Statement (pdf)


Mr. Frank J. Cilluffo
Center for Cyber and Homeland Security
The George Washington University
Witness Testimony (pdf)

Mr. Anthony Ruggiero
Senior Fellow
Foundation for Defense of Democracies
Witness Testimony (pdf)

Mr. Patrick R. Terrell
Senior Research Fellow
Center for the Study of Weapons of Mass Destruction
National Defense University
Witness Testimony (pdf)

Mr. Jeff Greene
Senior Director
Global Government Affairs and Policy
Symantec Corporation
Witness Testimony (pdf)

Dr. Peter Vincent Pry
Chief of Staff
Commission to Assess the Threat to the United States From Electromagnetic Pulse Attack
Witness Testimony (pdf) embed below (highlighting added):

Pry has said  that at an altitude of 300 kilometers, the resulting electromagnetic pulse would affect all 48 contiguous states. A warhead fused for an EMP in a satellite or ICBM could work on a timer, via GPS, or using an altimeter. More info: Electromagnetic pulse (EMP) | Wikipedia.org.

The EMP Threat Facing the United States | RiponSociety.org: "America’s 16 Critical Infrastructures range from Water & Wastewater Systems to Food & Agriculture to Nuclear Reactors, Materials & Waste – and all of them depend upon electricity. America’s need for electricity creates the ideal conditions by which an adversary can take advantage of Sun Tzu’s “Supreme art of war,” which is “to subdue your enemy without fighting.” In 1999, with full recognition of this reality and enraged with American policy in the Balkans, Vladimir Lukin (the head of the Russian State Duma’s Foreign Affairs Committee) threatened a U.S. Congressional delegation by stating: “If we really wanted to hurt you with no fear of retaliation, we would launch a Submarine-launched Ballistic Missile (SLBM), [and] we would detonate a nuclear weapon high above your country and shut down your power grid.” See also: Trump warned of 'devastating EMP attack' | washingtonexaminer.com.

North Korea ‘Decoders’ Are Sounding Alarms

North Korea boasts about its nuclear weapons program by releasing photos and videos of its missiles. But in them are tiny clues to their true capability. A team of U.S. analysts, working outside the government, shows how they decode these images to determine when North Korea is bluffing – and when it is showing true power. Jeffrey Lewis's research is funded by Middlebury Institute at Monterey's Center for Nonproliferation Studies. The Wall Street Journal (wsj.com) video above published Oct 5, 2017.

Domain: ArmsControlWonk.com  | Twitter: @ArmsControlWonk


Retail Trends: Death of the Department Store, Is It Too Late? (video)

The Death of the Department Store

Bloomberg.com video published Nov 20, 2017: E-commerce has chipped away at the market share of storied retailers like Macy's, Sears, and JC Penney, but it's hardly the only reason the future for these stores looks bleak. Bloomberg Gadfly's Sarah Halzack explains what department stores are up against, and how they might revive themselves before it's too late.

One Retailer's Strategy: Target’s Plan to Win Big This Holiday Season

Target (domain: target.com) offers free shipping beginning November 1st, and most of its holiday assortment will be priced at under $15. Fortune.com video above published Oct 23, 2017.

Department store sales, which peaked in 2001, have been crushed by e-commerce. 16 years of inflation and population growth notwithstanding, department-store sales have fallen by 35%.

Brick-and-mortar sectors that are still considered “online-proof” or “e-commerce resistant”:
  • New- and used-vehicle dealers and auto-parts retailers: 21% of total retail sales.
  • Grocery and beverage stores: 12.6% of total retail sales. 
  • Gasoline stations: 8% of total retail sales.
  • Restaurants and bars: 12% of total retail sales
Total of above: 54% of all retail sales. 
Everybody else is "at risk." 

See also: Amazon discounts other sellers' products as retail competition stiffens | Reuters.com.

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How Apple, Google, Microsoft, Amazon & Facebook Make Their $Billions

How Apple $AAPL, Google $GOOG, $GOOGLE, Microsoft $MSFT, Amazon $AMZN, & Facebook $FB Make $Billions:
Chart source: visualcapitalist.com

The 5 tech giants above ranked by profit margin:
Company-2016 Revenue (Billions)-2016 Net Income (Billions)-Profit Margin:
  1. Facebook $28 $10 36%
  2. Apple $216 $46 21%
  3. Alphabet (Google) $90 $19 21%
  4. Microsoft $85 $17 20%
  5. Amazon $136 $2 2%
Note: In 2016, Apple experienced its first annual revenue decline since 2001, but Apple's profit almost equaled that of the four other tech giants above combined.

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News Review | Incompetent Lawyers, Domain Names & ICANN's UDRP

graphic "News Review" ©2016 DomainMondo.com
Domain Mondo's weekly internet domain news review (NR 2017-11-19) with analysis and opinion: Features •  1) Incompetent Lawyers, Domain Names & ICANN's UDRP,  2) ICANN News: a. UNESCO Study On Internet Governance, b. GDPR & WHOIS, c. ICANN61 Update, d. SSR2-RT Status,  3) Names, Domains & Trademarks: 2 Best Tools To Find A Domain Name, GoDaddy $GDDY, Verisign $VRSN, & more, 4) ICYMI: Internet Freedom5) Most Read.

1) Incompetent Lawyers, Domain Names & ICANN's UDRP
Order Granting Defendants' Motion for Attorney Fees and Costs, Domond et al vs PeopleNetwork et al, U.S. District Court for the Southern District of Florida, Miami Division, Case Number 16-24026-CIV-MORENO:

Order Granting Defendants' Motion to Dismiss With Prejudice:

UDRP CaseBeautiful People Magazine, Inc. v Domain Manager et al  Claim Number: FA1502001606976 | adrforum.com excerpt (emphasis added):
"Reverse domain name hijacking [RDNH]
Rule 1 defines reverse domain name hijacking as “using the Policy in bad faith to attempt to deprive a registered domain name holder of a domain name”.  See also Rule 15(e).
“[A] finding of [RDNH] is warranted if the Complainant knew or should have known at the time it filed the Complaint that it could not prove one of the essential elements required by the Policy. [. . .] [S]uch a finding is particularly appropriate where the Respondent’s registration of the domain name predates the very creation of the Complainant’s trademark.” carsales.com.au Limited v. Alton L. Flanders,   D2004-0047 (WIPO April 8, 2004) (citing Futureworld Consultancy (Pty) Limited v. Online advice,  D2003-0297 (WIPO July 18, 2003)). Ordinarily if the face of the complaint itself demonstrates a settled reason why the complaint must be denied, a panel may make a finding of RDNH. See Liquid Nutrition Inc. v. liquidnutrition.com/Vertical Axis Inc.,  D2007-1598 (WIPO January 28, 2008) (finding RDNH where the Claimant alleged its first use of the mark was four years after the domain name had been registered).See also Scene LLC, dba Ookla v. Domain Buyer / Innovation HQ, Inc. FA1411001590403 (Nat. Arb. Forum Jan. 7, 2015)  . . . .  the Panel concludes that Complainant knew it could not prove bad faith registration of the <beautifulpeople.net> and <beautifulpeople.com> domain names, knew of Respondent’s unassailable legitimate interests in the domain names and nevertheless brought the Complaint in bad faith. Accordingly, the Panel finds Complainant to have engaged in Reverse Domain Name Hijacking."
See also: 

2) ICANN News:
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a. UNESCO launches a new study on internet governance | unesco.org"Published as part of UNESCO’s Internet Freedom Series ... The research was supported by ICANN and The Internet Society (ISOC), and written by Anri van der Spuy ... The literature and the case studies indicate that the reality of multistakeholder participation is sometimes challenged by issues that relate to the nature of the Internet itself – including jurisdiction and enforcement, scale, and the pace at which it changes and grows – as well as the governance model being used. Some of the questions that arise are:
  • What happens when some stakeholders become or are too dominant or powerful?
  • What is the relationship between multistakeholder and multilateral governance mechanisms?
  • What are governments’ roles in Internet governance?
  • Is the notion of multistakeholder participation becoming rhetoric rather than reality?"

graphic "EU GDPR | ICANN WHOIS" ©2017 DomainMondo.com
"... we believe that compliance with the GDPR will have an impact on the WHOIS system, and thus the domain name space. The purpose of the current community discussions and legal analysis that we are undertaking is to determine the scope of the impact. As a community, we need to work together to find the right balance between the current WHOIS services and compliance with local laws ..."--14 Nov 2017 Letter from ICANN (Akram Atallah & Theresa Swinehart) | ICANN.org (pdf) (emphasis added).

See also:
  • Data Protection/Privacy Issues | ICANN.org: "The General Data Protection Regulation (GDPR) was adopted by the European Union (EU) on 14 April 2016 and takes effect on 25 May 2018 uniformly across the EU countries." 
  • United States Council for International Business (USCIB)--USCIB.org: ICANN60  "wrapped up on November 3 in Abu Dhabi, UAE, with no further clarity for the ICANN community about the implications of the May 25, 2018 implementation of the European Union’s General Data Protection Regulation (GDPR) on ICANN’s WHOIS database, a system that provides information on entities that register domain names ..."
  • Data Protection/Privacy Activity Recap | ICANN.org 17 Nov 2017, by Akram Atallah and Theresa Swinehart.

c. ICANN61 | San Juan, Puerto Rico UPDATE:
graphic: "ICANN61 | San Juan" ©2017 DomainMondo.com
Statement of Ricardo Ramos, Executive Director, Puerto Rico Electric Power Authority, before the Committee on Energy and Natural Resources, United States Senate, November 14, 2017 (emphasis added):
"... The restoration efforts following Hurricane Irma severely depleted PREPA’s recovery and repair supplies ... As Hurricane Maria approached Puerto Rico, PREPA prepared for the possibility of unprecedented damage. For context, we noted that it took about six months to restore power to the entire island after [category 3] Hurricane Hugo in 1989, at a time when PREPA had approximately 4,000 additional employees and the electric system was in less disrepair. [Category 4] Hurricane Maria hit Puerto Rico on September 19 and 20, 2017. The storm passed directly down the entire length of the island ... As the front of Hurricane Maria hit Puerto Rico on September 19, the electric grid began to fail. Around 8:00 p.m. that evening, transmission lines began to experience cascading failures. At approximately 2:00 a.m. on September 20, the last transmission line failed ... The damage assessment confirmed that PREPA’s entire grid suffered severe damage. Hurricane Maria inflicted sustained winds around 155 miles per hour, with gusts exceeding 200 miles per hour, far more than much of PREPA’s infrastructure was designed to withstand ... Since the passage of Hurricane Irma and Hurricane Maria, the employees of PREPA and the thousands of workers who have come to Puerto Rico to assist us have worked tirelessly to restore power and begin the recovery process. We have made significant progress, but much more remains to be done. We are working hard toward meeting the Governor’s directive that 95% of the island must have its power restored by December 15, 2017."
See also: Puerto Rico Bond Prices Plunge Below Venezuela's On Moratorium Fears--Bloomberg.com reports [Nov 15, 2017] Puerto Rico may suspend debt-service payments for five years, a lead lawyer for the territory’s federal [U.S.] oversight board said, in the first indication of how the devastation caused by Hurricane Maria will affect the restructuring of the island’s debt.--ZeroHedge.com.

d. SSR2-RT Status: Work Suspended by directive of ICANN Board of Directors, 28 Oct 2017, acquiesced by ICANN AC/SOs (pdf). Restart date TBD.

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
•   The 2 Best Tools On The Web To Find A Domain Name to Hand Register:

• GoDaddy $GDDY: Marta Nichols, GoDaddy (NYSE: GDDY) Chief of Staff, will present at the Barclays Global TMT Conference in San Francisco on Thursday, December 7, 2017 at 10:00 a.m. PST. A live audio webcast of the event will be available on GoDaddy's investor relations website investors.godaddy.net. Following the presentation an audio replay will be available on the investor relations website.

•  Verisign $VRSN: Warren Buffett's Berkshire Hathaway (NYSE: BRK.A, BRK.B) Portfolio, Q3 2017 Update: VeriSign Inc. ($VRSN) was first purchased by Buffett in Q4 2012 at prices between $34 and $49.50, and the position was more than doubled in Q1 2013 at prices between $38 and $48 and another one-third the following quarter at prices between $44 and $49. Q1 & Q2 2014 saw a combined ~17% increase at prices between $47 and $63.  Shares currently trade at $111 and the position is 0.78% of the Berkshire Hathaway portfolio, and about 10% of all Verisign shares--SeekingAlpha.com, see sec.gov/Archives/edgar.

•  Combosquatting“The results were mind-blowing”: study reveals widespread problem of domain name combosquatting | WorldTrademarkReview.com.
"Combosquatting differs from its better-known relative, typosquatting, in which adversaries register variations of URLs that users are likely to type incorrectly. Combosquatting domains don’t depend on victims making typing errors, but instead provide malicious links embedded in emails, web advertising or the results of web searches. Combosquatting attackers often combine the trademarked name with a term designed to convey a sense of urgency to encourage victims to click on what appears at first glance to be a legitimate link."--“Combosquatting” Attack Hides in Plain Sight to Trick Computer Users | gatech.edu.

•  ccTLD .UK Domain Name Suspensions Double"UK’s Police Intellectual Property Crime Unit (PIPCU) has been a major contributor to this rise, accounting for more than 13,500 requests for action."--WorldTrademarkReview.com

•  ccTLD .AU: Australian government seeks advice on management of .au domain | ZDNet.com.

•  Intellectual property: From Silicon Valley to microbusinesses and start-ups, one of the most pressing problems is the protection of intellectual property (IP) assets across borders. Some intellectual property rights protected on an international basis through global treaties such as the Paris Convention, IP is an area where international law is enforceable law--FT.com. See Paris Convention for the Protection of Industrial Property [signatoriesArticle 8 - Trade Names:
"A trade name shall be protected in all the countries of the Union without the obligation of filing or registration, whether or not it forms part of a trademark."

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com
•  Internet Freedom
U.S. Treasury Secretary Steven Mnuchin: "Nobody Thinks Russia Had An Impact On The Election."

Ominous Russophobia In America | Zero Hedge.com"It infests America like a malignant tumor, exceeding the worst of the post-WWI “Red Scare” and its repeat following WWII." See also  Facebook adds two lobbyists amid Russia probe | TheHill.com, and "in response to what Moscow says is unacceptable U.S. pressure on Russian media," Russia names nine U.S.-backed news outlets likely to be labeled 'foreign agents' | yahoo.com. See also:
America's Righteous Russia-gate Censorship and Clinton: Trump is still Putin’s puppet.
China says internet must be 'orderly': Ren Xianliang, vice minister of the Cyberspace Administration of China (CAC): “We should not just make the internet fully free, it also needs to be orderly... The United States and Europe also need to deal with these fake news and rumors” Ren told journalists without elaborating."--Reuters.com.

Freedom on the Net 2017 | FreedomHouse.org:"For the third consecutive year, China was the world’s worst abuser of internet freedom, followed by Syria and Ethiopia.  In Ethiopia, the government shut down mobile networks for nearly two months as part of a state of emergency declared in October 2016 amid large-scale antigovernment protests ... New restrictions on virtual private networks (VPNs): 14 countries now restrict tools used to circumvent censorship in some form and six countries introduced new restrictions, either legal bans or technical blocks on VPN websites or network traffic.".

•  Quiet battle for control of the internetOpenDemocracy.net"The recent and intensifying push by governments to promote a concept of “digital sovereignty” ... China, the world’s most sophisticated online censor, will host the fourth iteration of its Wuzhen Summit this December. The Wuzhen Summit is China’s attempt to create an alternative to the Internet Governance Forum (an annual multi-stakeholder forum for global policy dialogue on internet governance issues) that reflects its state-led vision for the future of the internet." See also Amazon sells off China cloud assets as tough new rules bite | Reuters.com.
Who Controls the Internet? Facebook and Google Dominance Could Cause the 'Death of the Web' | newsweek.com.
•  Internet TaxMassachusetts ‘Cookie’ Nexus Regulation Challenged . . . in Virginia Circuit Court | Lexology.com: Asserting that the regulation violates the Commerce Clause of the United States Constitution and the Internet Tax Freedom Act.

•  TPPDespite A Victory on IP, the TPP's Resurgence Hasn't Cured Its Ills | Electronic Frontier Foundation | EFF.org"the TPP was, and remains, a bad model for Internet regulation."

•  Pakistan Journalists Cite Growing Threats From Government, Militants Alike | voanews.com

•  Afghanistan Orders WhatsApp Blocked | FoxBusiness.com.

•  Free SpeechAppeals Court’s Disturbing Ruling Jeopardizes Protections for Anonymous Speakers | Electronic Frontier Foundation | EFF.org: "The Ninth Circuit Undercut Anonymous Speech by Applying the Wrong Test." See also Congress’s end run around a pillar of online free speech | CJR.org.

•  Global Voices Summit 2017 | Colombo, Sri Lanka. Dec 2-3, 2017.

•  Cybersecurity: Qihoo 360 chairman"[Cybersecurity] is a very special industry, no matter if it’s Chinese or Russian or American, as long as a cyber security firm grows big enough, it needs to be aligned with national interests.”  See also Security Breach and Spilled Secrets Have Shaken the N.S.A. to Its Core | NYTimes.com Nov. 12, 2017: "A serial leak of the agency’s cyberweapons has damaged morale, slowed intelligence operations and resulted in hacking attacks on businesses and civilians worldwide."

5) Top 5 Most Read posts (# of pageviews Sun-Sat) this past week on DomainMondo.com: 
graphic "Domain Mondo" ©2017 DomainMondo.com
1. News Review | Warning To dotBRANDS & Moment of Truth at ICANN60
2. Jamie Dimon, Chairman, President & CEO of JPMorgan Chase $JPM
3. Qualcomm $QCOM Rejects Broadcom's $105 Billion Offer, What's Next?
4. Everybody Lies & Google Search Data Is Digital Truth Serum (video)
5. Tech Review | Alibaba $BABA Singles Day Brings in $25 Billion (video) 
-- John Poole, Editor, Domain Mondo 

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