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Counterfeiting is big business. A 2021 study by the Organisation for Economic Cooperation and Development (OECD) estimated that the international trade in counterfeit and pirated products was worth up to $464 billion in 2019, or around 2.5% of all world trade. A significant proportion of this trade occurs via digital channels, where global annual expenditure on eCommerce is more than $4 trillion. more
It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility. more
We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more
When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more
The ICANN Board has approved the community recommendation that "the provision of Thick Whois services should become a requirement for all gTLD registries, both existing and future." We have long supported the migration from 'thin' to 'thick' Whois, which will improve both quality and ease of access to Whois data, thereby further facilitating intellectual property enforcement online. The ICANN community has debated the merits of migration from 'thin' to 'thick' Whois for years, as part of the larger Whois Review process. more
A group of 83 Internet inventors and prominent engineers sent an open letter today to the members of the United States Congress, stating their opposition to the SOPA and PIPA Internet blacklist bills that are under consideration in the House and Senate respectively. more
Hackers are using company domain names for malicious attacks more than ever before. Established research shows that phishing and related malware attacks most commonly occur from a compromised or hijacked legitimate domain name, a maliciously registered, confusingly similar domain name, or via email header spoofing. Domain security intelligence is the first line of defense in preventing domain cyberattacks. more
As 2019 wrapped up, we took some time to reflect on some of the most impactful digital developments of the past decade and how they helped change our digital lives, including: the rise of mobile and tablet usage; the importance of mobile apps; the explosion of social media and online gaming; cloud computing; domain names, brand protection and the impact of GDP. Now that we've passed the New Year, it's time to look forward. more
The OECD held a "high-level" meeting in June 2011 that was intended to build upon the OECD Ministerial on The Future of the Internet Economy held in Seoul, Korea in June 2008. I was invited to attend this meeting as part of the delegation from the Internet Technical Advisory Committee (ITAC), and here I'd like to share my impressions of this meeting. This 2 day meeting, "The Internet Economy: Generating Innovation and Growth", had the objective of exploring a number of current issues in the public policy space... more
I'm happy to report (mostly) positive feedback on my last article that examined how the multistakeholder model tackled, and tackled well, Phase 1 of the review of all Rights Protection Mechanisms. While bad news may sell more clicks, a little good news from time to time also appears to be welcome. Good news also reminds us of how fortunate we are to have a private sector ICANN with a multistakeholder model of policy development... more
Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet. more
The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more
Phishing scams are nothing new in the online security world and show no signs of subsiding. The scam starts when a fraudster sends a communication purporting to originate from a trusted provider and encourages the recipient, often with a conveyed sense of urgency, to click a link. That link leads to a fake site, usually intended to collect confidential login credentials or other personal information. In similar scams, the mail may encourage the recipient to open an attachment loaded with malicious content. more
According to the latest report from The World Intellectual Property Organization (WIPO), trademark owners filed 2,754 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the agency in 2015 - an increase of 4.6 % over the previous year. more
While threat actors can use any domain across thousands of top-level domains (TLDs), they often have favorites. For instance, you may be familiar with Spamhaus's 10 most-abused TLDs for spamming. WhoisXML API researchers recently built on this list by analyzing 40,000 newly registered domains (NRDs) that sported some of the listed unreputable TLDs. We called this study "DNS Abuse Trends: Dissecting the Domains Under the Most-Abused TLDs." more