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A Sustainable Framework For The Deployment Of New gTLDs - Part II

Part I of this article explored some of the current thinking and direction that key policy-makers seem to be headed with the creation of new gTLDS. This part focuses on a new alternative plan for the ongoing deployment of new gTLDs.

ICANN is likely to see many proposals over the coming weeks that attempt to deal with the thorny issue of how to rollout new gTLDs. Any plan that deals with the rollout of new generic top-level domain names must ensure that the expansion of the namespace does not disrupt the existing infrastructure and services. more

Jurisdiction over Domain Names: Too Much Law Or Too Little?

In the prior issue of CircleID, I described registrations by John Zuccarini. Many of Zuccarini's registrations are typographic variations on well-known domain names, and Zuccarini typically redirects users to sexually-explicit content and pop-up advertisements. Despite scores of UDRP claims and ACPA suits, plus a major case brought by the Federal Trade Commission, Zuccarini's registrations remain in effect -- more than 5,000 strong, in my researchmore

Exposing A Famous Secret: Well-known Trademarks Are Not Easily Diluted

Regarding a domain name dispute involving famous authors, the novelist, Louis Sachar, observed that "if some unrelated person is going to co-opt my name in cyberspace, and fails to use it to identify a web site related to my books or myself, that's going to endanger my career, as well as my reputation." Louis Sachar is one of nine famous authors for whom the Authors Guild, recently successfully snatched personal name domain names from a United Kingdom domain name registrant known as Old Barn Studios... more

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part II

The proposal "The Internet an International Public Treasure" ("Public Treasure") offers a means of creating a prototype for an international collaborative management structure for the Internet (see Part I of this article).
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UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the "Policy"), is to determine disputes relating to the registration or acquisition of domain names in bad faith. To succeed in a UDRP action (i.e. to obtain cancellation or transfer of the disputed domain name) it is necessary for the party bringing the complaint (the complainant) to show that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name holder (known as the respondent) has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith. Each of the aforesaid three elements must be proved by the complainant to warrant relief.
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A Sustainable Framework For The Deployment Of New gTLDs

At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services. more

Internet Users: Is It Time For A Declaration Of Independence?

Although, undoubtedly, it is disappointing, it is not surprising that after four years of experimenting with Internet governance, the first corporate entity to take on the ambitious task -- the Internet Corporation for Assigned Names and Numbers (ICANN) -- has not achieved the legitimacy of a global consensus-based manager of the Internet's domain name system. Simson Garfinkel explains, in his insightful piece in the March 2003 issue of Technology Review, that it has become conventional wisdom that "ICANN serves as a model for systematically shutting the public out" of its policy making activities. It should go without further explanation that the ICANN model is a particularly bad governance model, if consensus-building is supposed to be the corporation's linchpin of legitimacy. Among a few other concerns, ICANN, unmistakably, suffers from power-sharing phobia. more

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part I

In research, one of the important steps is to identify the problem that needs exploration. Another step is to identify how to find a solution. Once it is possible to agree on the nature of the problem, then it begins to be a matter of how to approach the problem. more

Interview With Michael Froomkin: Watching ICANN Through IETF ? Part II

In the first part of our interview with Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch, several issues were discussed regarding his recent article in the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace".

Michael Froomkin, who has underlined several striking lessons to be learned from IETF/ICANN contrast, continues with us in the second part of this interview, addressing even deeper matters such as ICANN's institutional design. more

The Internet And Open Architecture: Determining How To Replace ICANN

"Forms grow out of principles and operate to continue the principles they grow from."
Thomas Paine, "The Rights of Man"

The debate over what management structure is needed to transform ICANN has moved from "Foreign Affairs" and some online discussions to the halls of Oxford University. Last week there was a one day event at Oxford on how to transform ICANN. There was also a meeting in Berlin on these issues. The coverage of these is limited to the few online publications that can afford to send reporters. more

The Business Of Domains: Shifting The Paradigm

For a business that started with few competitors and unlimited markets, the domain name registration trade has certainly become quite difficult and price sensitive. As the owner or manager of your firm, you have a basic choice to make: You can pull back and ride out this difficult period, or you can use this disruption to your advantage. Can a savvy owner or manager bring profitable growth to his or her company? One positive answer may not be in familiar spaces, but in new markets. more

An Outlook On The Domain Name Secondary Market

The secondary domain market has gone from one extreme to another. First, huge sums were paid for some domains, raising the expectations of domain sellers. Now, however, in many cases the corporate sector expects to pick up a domain for next to nothing in comparison with the domain's immediate sales and long-term investment potential. In my opinion, both situations are unrealistic. more

Interview With Michael Froomkin: Watching ICANN Through IETF: Part I

Michael Froomkin, a Professor of Law at the University of Miami School of Law and one of the founding members of ICANNWatch has recently written an article for the Harvard Law Review called, "[email protected]: Toward a Critical Theory of Cyberspace". One of the areas covered in this article is a comparison made between the ICANN model and that of the Internet Engineering Task Force (IETF).

Michael Froomkin has underlined several lessons that can be learned from this contrast, including a suggestion "that claiming kinship with the IETF model is a way of claiming legitimacy, but that not every one who makes this claim is entitled to do so".

What follows is a two-part interview with Michael Froomkin and a closer look at his recent article in the Harvard Law Reviewmore

United Nations vs. ICANN: One ccTLD At A Time

What happens if ICANN fails? Who will run the DNS then?

Of course to many, ICANN already has failed -- spectacularly so. Critics have long complained that ICANN not only lacks accountability and legitimacy, but also that it is inefficient (at best) and downright destructive (at worst). According to these critics, ICANN's many sins include threatening the stability of the Internet, limiting access by imposing an artificial domain name scarcity, and generally behaving like a petulant dictator. more

Internet Governance: The Proof Is In The Pudding

"ICANN remains the frontier institution and the test case for global governance in the IT sector," writes Zoe Baird in an article in the November-December 2002 issue of "Foreign Affairs". Baird is the President of the Markle Foundation. Her article "Governing the Internet: Engaging Government, Business and Nonprofits" appears in "Foreign Affairs", a magazine usually devoted to the discussion of American foreign policy interests.

The opening line of the article is striking. "The rapid growth of the Internet," Baird writes, "has led to a worldwide crisis of governance." On the surface, a serious problem has been identified. There is the promise of a fruitful discussion to follow. more

Industry Updates

DNS Abuse: Finding Our Way Forward Together

Behind the Genesis Market Infrastructure: An In-Depth DNS Analysis

Signs of Ongoing RedLine Stealer Operation Found Through a DNS Deep Dive

Rhysida, Not Novel but Still Dangerous: DNS Revelations

The Makings of ADHUBLLKA According to the DNS

The Hidden Secret About Your DNS Zones and Combatting Phishing Campaigns

Examining WoofLocker Under the DNS Lens

Tracing Truebot’s Roots through a DNS Deep Dive

Potential Traces of Aurora Spread Via Windows Security Update Malvertisements in the DNS

Verisign Domain Name Industry Brief: 354.0 Million Domain Name Registrations in Q1 2023

Scouring the DNS for Traces of Bumblebee SEO Poisoning

Searching for Nevada Ransomware Digital Crumbs in the DNS

Subdomain Hijacking Vulnerabilities Report: One in Five DNS Records Are Left in a State in Which They Are Vulnerable to Subdomain Hijacking

Uncovering Stolen Card E-Shops Using DNS Intelligence

Is Your Intranet Vulnerable to Attacks? Investigating Intranet Impersonation in the DNS