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The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. 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
In this article, I present an overview of a series of 'proof-of-concept' studies looking at the application of domain-name entropy as a means of clustering together related domain registrations, and serving as an input into potential metrics to determine the likely level of threat which may be posed by a domain. more
Has your organization ever missed renewing a domain name? You really don't want to be in the news for that. Just look up "company forgot to renew domain name" and read about the historical consequences of missing vital domain name renewals. They range from failed services or infrastructure, lost revenue, lost business partners, wrecked reputation, hefty regulatory fines, to even the collapse of a business. 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 debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC). 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
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
As the new-gTLD programme - the ICANN initiative to add a large number of new domain extensions (top-level domains, or TLDs) to the Internet - continues to see ongoing launches of new TLDs, we conduct a new retrospective of the activity landscape of the most recent extensions to have been launched. This new study focuses on all new-gTLDs to have entered their Sunrise or General Available periods since the start of 2023, following a previous overview by Stobbs of the full new-gTLD landscape. 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
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
In today's digital age, securing your website and ensuring your users' safety has never been more critical. Secure sockets layer (SSL) certificates are the go-to solution for securing websites by encrypting the data transmitted between web servers and browsers. Historically, SSL digital certificates could be valid for years, after which they had to be renewed or replaced. 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
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
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