Featured Blogs

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more

The Path to Combatting Domain Abuse

Completely eradicating malware, botnets, phishing, pharming, and spam from the Domain Name System is not possible. That may be an odd statement from someone who just took the leadership position at the DNS Abuse Institute, but it's meant to underscore the scope of the work ahead of us. There will always be bad actors exploiting the DNS for their own criminal purposes, but working together, we can mitigate their impact. more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. 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

The Real Threat to the Single Root of the Internet Seems to Come from ICANN Itself, of All Places

The proposed final Guidebook for the New generic Top-Level Domains (gTLDs) and Internationalized Domain Name (IDN) gTLDs contains elements that raise grave risks to the ICANN single root of the Internet caused by none other than ICANN itself. Below is my intervention at the ICANN Cartagena Public Forum today. ICANN President and CEO Mr. Rod Beckstrom was prompt to reply and acknowledge the validity of my statement adding that ICANN is fully aware of the problem. more

Declaring and Declining to Find Reverse Domain Name Hijacking

What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more

Stopping Illegal Activity Online - It’s More Complicated Than It Seems

There was a compelling article in the Wall Street Journal (WSJ) the other day about ICANN and illegal online pharmacies. The result of a six-month investigation, the reporter, Jeff Elder, calls into question ICANN's effectiveness in investigating complaints of suspected illegal activity on domain names it has a contractual relationship with. Elder cites a recent incident where Interpol and the U.S. Food and Drug Administration tried to have 1,300 websites shut down because they were suspected of selling drugs without a prescription. more

New gTLD Program to Be Finalized After June ICANN Meeting

Today, in a presentation made to attendees of the McCarthy Institute Symposium, Peter Dengate Thrush, ICANN Chair, announced that the Final New generic Top-Level Domain (gTLD) Applicant Guidebook would be completed after the ICANN Meeting in Amman, Jordan which is scheduled for June 19 - 24, 2011. more

Request to Extend the 24-Day Comment Period on the Proposed VeriSign Agreement

Bruce Tonkin (MIT) wrote in the Registrars mailing list yesterday with this: "We the undersigned registrars, request that the public comment period on the proposed agreement with Verisign be extended until Sunday 4 Dec 2005 so as to allow opportunities for in-person public discussions during the upcoming ICANN meeting in Vancouver..." In terms of process, the Registrar Constituency (RC) by-laws prevent the RC from balloting on anything in less than 24 days, and ICANN could require the interest groups it recognizes to have decision making processes that are capable of responding to the Board of Director's decision making process, in a better administrative law world. more

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception... more

U.S. Complaint to WTO on China VPNs Is Itself Troubling

On 23 February, the U.S. Administration had the chutzpah to file a formal communication to the World Trade Organization (WTO) complaining about "measures adopted and under development by China relating to its cybersecurity law." However, it is the U.S. complaint that is most troubling. Here is why. The gist of the U.S. complaint is that China's newly promulgated directive on the use of VPN (Virtual Private Network) encrypted circuits from foreign nations runs afoul of... more

The Death of IP Based Reputation

Back in the dark ages of email delivery the only thing that really mattered to get your email into the inbox was having a good IP reputation. If your IP sent good mail most of the time, then that mail got into the inbox and all was well with the world. All that mattered was that good IP reputation. Even better for the people who wanted to game the system and get their spam into the inbox, there were many ways to get around IP reputation. more

IGF Best Practice Forums, an Opportunity to Bring Your Experience to the Policy Debate

In the run-up to the 14th Internet Governance Forum in Berlin, Germany, 25 to 29 November, different groups are discussing best practices pertaining to specific internet governance policy questions. These groups are open and thrive on your input and experiences. Their findings will be presented at the IGF and published shortly after. The IGF Best Practice Forums intend to inform internet governance policy debates by drawing on the immense and diverse range of experience and expertise... more

Encryption and Securing Our Digital Economy

As G20 leaders from around the world gather this week, Germany wants them to agree to a concrete plan -- one that includes affordable Internet access across the world by 2025, common technical standards and a focus on digital learning. Today, the G20 economies, like so many other economies around the world, are digital and interconnected. Digital services have opened up new avenues for sustainable economic growth. more

All IP Addresses Are Not the Same

One IP address is much the same as another - right? There's hardly a difference between 192.0.2.45 and 192.0.2.46 is there? They are just encoded integer values, and aside from numerological considerations, one address value is as good or bad as any other - right? So IP addresses are much the same as each other and an after-market in IP addresses should be like many other markets in undistinguished commodity goods. Right? more