Domain Names

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications.

gTLDs Opponents Create the Very Confusion They Decry

It's ironic and amusing that while a few well-connected opponents of the new gTLD program were testifying before the U.S. Senate committee, I was asked to help educate top executives of one of the largest global ad agencies and their major clients on the brand marketing and advertising implications of the program. It was clear from the start that virtually all these high-powered executives knew about the program they had learned from the eleventh hour negative campaign.

ICANN Senate Hearing: The Battle Between Intellectual Property and Multistakeholderism

The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs.

Technical Comments on Mandated DNS Filtering Requirements of H. R. 3261 (“SOPA”)

About two months ago, I got together with some fellow DNS engineers and sent a letter to the U. S. Senate explaining once again why the mandated DNS filtering requirements of S. 968 ("PIPA") were technically unworkable. This letter was an updated reminder of the issues we had previously covered... In the time since then, the U. S. House of Representatives has issued their companion bill, H. R. 3261 ("SOPA") and all indications are that they will begin "markup" on this bill some time next week.

U.S. Government Strongly Affirms ICANN Model and New gTLDs

Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process.

Senate and House Hearings on New Top Level Domains Not Likely to Delay Launch

Yesterday, the US Senate Committee on Commerce, Science and Transportation held hearings on ICANN's expansion of top level domains. Next week the House Energy and Commerce committee will also conduct their hearings on this same topic.

Online Property Protection and the Public Interest

Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively.

Beyond Words: Diverse Voices at ICANN and Miscommunications

A few days ago, I sat in a meeting here in Ottawa with our IT Director and Director of Marketing and Communications. These are two highly intelligent people working on the same team, for the same company, talking about a common subject. And yet, something was amiss in achieving mutual understanding. Each was seeing things from his own distinct perspective and as such, speaking his own language. As I reflected on my team's internal dynamic, I began to see parallels in areas that have an even more direct impact on the Internet ecosystem.

SOPA Could Shutter Registrars and other Domain Name Industry Intermediaries

The Internet Commerce Association has just sent a letter to senior members of the House Judiciary Committee regarding the likely unintended but potentially devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited registrars and other participants in the broad domain name industry, as well as upon the domain registrants who use those services.

The Death of TLD Front Running

In an article published over two years ago, I cited a disturbing trend of third parties seeking to obtain national trademark registrations in an apparent attempt to game ICANN's new gTLD process. While many of these applications have withered and died on the vine some have sneaked through. However, it appears that the United States Trademark Trial and Appeal Board (TTAB) has issued a very well-reasoned and articulate opinion...