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WIPO’s UDRP ‘Overview’ Gets Bigger (and Better)

Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more

Internet Repotting About to Start!

February 4th 2008 will be the day the repotting of the internet finally starts. A milestone of sorts for some people who spent a good part of the last five years getting us this far. It should now be finally possible for a IPv6 only device to have a chance to communicate on the Internet. Indeed, today, IPv6 address information is not included in most root DNS servers. Some good write-ups are already appearing on the subject covering the relevance of this development... Why get excited as there are practically no IPv6 only devices yet, some will bemoan. Well, one can hear a distant rumbling of such devices coming, alongside the mobile internet... more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more

Business Case for IPv6 - Part 2

In my previous blog on the topic, I stated that the business case supporting the IPv4 roll-out in the late 90s was the Internet. Although IP depletion will slowly become a reality, the chances are that due to mitigating technologies such as NAT and DNS64, it may take quite a while before organizations in the developed economies will get serious about IPv6. So where should we look to find a business case for IPv6? more

ICANN’s Board Decisions in Nairobi Will Determine Its Credibility and Respect for Years to Come

Today is the morning of the most revered Thursday in the ICANN meetings calendar -- The public forum. It is tradition personified. It is the day when the show and the showcasing really begin. It is the stage and the choreography of the open microphone that can help influence ICANN decisions one way or another and make the supposed bottom up model appear at its best. more

Three Things Registrars Must Do to Enhance Security

If the rise of phishing has taught us anything, it's that on the Internet, if a digital asset has value, there's somebody out there who wants to steal it. Whether it's a bank account password, a credit card number, a PayPal login, or even a magic sword in an online game, there's a fraudster somewhere trying to misappropriate it for his or her own nefarious purposes. Domain names have always been a target for such criminals. more

The Federal Cybersecurity Regulation Already in Place

While Congress and the White House deliberate possible actions on FISMA reform and increased oversight of critical infrastructure, relatively little attention is being given to the government-wide cybersecurity regulation already in place, the Data Quality Act (DQA). Unlike FISMA, which primarily governs the government's internal cybersecurity processes, and contemplated legislation and/or Executive Order(s), which would likely also include a focus on critical infrastructure protection, the DQA contains a unique mandate. more

The Mosque and the Bazaar: Islam, ICANN, and the New gTLD Program

The launch of the new gTLD program in January, 2012 was undoubtedly one of the finest moments for ICANN; and rightly so. The launch was a culmination of thousands of hours of hard work by thousands of people from various countries, interests, and walks of life. In the end, a 338-page Applicant Guidebook with details about how the new gTLD program was to be implemented was produced. Thus was set the stage for the greatest cyberland rush in history. more

What’s New In the Field of Cybersecurity Cooperation

The last few months have shown a number of signs that cooperation in cyberspace is not just necessary, but it is vital for the survival of the Internet as we know it. There is no need to provide links to all the articles and news stories that talk about the dangers of cyberattacks on the infrastructure in the USA or other countries - you can find plenty of them. ... What misses really in these stories is the answer to the question "So, what?" more

Commercial Incentives Behind IPv6 Deployment

The Best Practice Forum (BPF) on IPv6 at the Internet Governance Forum (IGF) explored what economic and commercial incentives drive providers, companies and organizations to deploy IPv6 on their networks and for their services. The BPF collected case studies, held open discussions online and at the 2016 IGF meeting, and produced a comprehensive output report. This article gives a high-level overview. more

A Seismic Shift: IPv4 Numbers Becoming Transferable and Consequently Property

A Tipping Point for the Internet? Catching the precise moment of a tectonic shift in a global system as large and important as the Internet may be viewed as an exercise in the improbable. However, I point out in this summary that I think we are precisely in the midst of such a shift... more

Top Ten New gTLD Gotchas

With the launch of new generic Top-Level Domains (gTLDs) expected to occur early next year, many are closely examining the opportunities and risks associated with ICANN's Program. Although still in draft format and subject to change, keep these gotchas in mind as you think through your strategy. more

$59M and Counting: ICANN Board Downgrades Community Say on Use of Last Resort Auction Proceeds

ICANN's new gTLD program provides for last resort auctions to settle contention sets where the competing applicants are unable to reach agreement by negotiation or private auction, with the proceeds going to a segregated ICANN account. With the recent $25 million bid of Google to secure control of the .App registry the total proceeds of those ICANN auctions has swelled to $58.8 million. The final sum by the end of the first round could go higher, perhaps to more than $100 million. That's serious money. more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more

The Whois Wars Go On

There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more

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