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Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days.
With the COVID-19 health crisis evolving so quickly, it's hard to predict the extent of the long-term impact on business and the economy. While every business sector is facing different considerations, it's safe to say all are handling challenges from supply chain interruptions, rapid shifts to remote work, and massive changes in consumer spending and communication habits.
Straightforward out-of-court domain name proceeding can provide efficient relief against fraudulent websites and email. Google has seen a steep rise amid the Coronavirus pandemic in new websites set up to engage in phishing (i.e. fraudulent attempts to obtain sensitive information such as usernames, passwords and financial details). Companies in all industries - not just the financial sector - are at risk from this nefarious practice. But one relatively simple out-of-court proceeding may provide relief.
We are all aware of the steps for mitigating the spread of the novel coronavirus (COVID-19): Wash your hands; Practice social distancing; Report exposure.But these are not the only activities to practice right now. Cyber-criminals are taking advantage of this health crisis and the emotional upheaval it creates to perpetrate their crimes. Therefore, we also need to exercise good internet hygiene. In a time of crisis or tragedy, bad actors don't slow down; their efforts amplify.
This past meeting of the Internet Corporation for Assigned Names and Numbers (ICANN), ICANN67, was intended to be held in person in Cancun, Mexico, but was actually the first meeting to be held entirely online and virtually. It was a well-managed affair with fewer sessions than the in-person meetings and less opportunity for the community to convene and meet as individuals. The last-minute change from an in-person to a virtual meeting impacted ICANN's ability to provide translation services for the full set of UN-supported languages, Arabic, Chinese, English, French, Russian, and Spanish.
Recently, there were news articles about a large software provider who experienced a global outage due to an expired digital certificate - and this is not the first time this kind of issue has hit the news. Digital certificate outages, when an organization forgets to replace an expiring certificate for a business-critical domain name, continues to cause business disruption and security risks.
This past week I had two items pop up on my alerts. The first was about Facebook suing domain registrar Namecheap for allowing domains that impersonate the social media company and can be used for scams. The second was a plea by the Electronic Frontier Foundation to join in its crusade to stop the sale of the .ORG domain. It took me a moment to realize these are linked.
Ethos CEO Erik Brooks and I are grateful to ICANN for hosting this important community dialogue on the future of PIR and .ORG earlier this week, and we listened intently to the questions posed. To echo what John Jeffrey said in his opening remarks, we are very interested in the community's input. We appreciate the openness and candor that was expressed during the Public Forum, and we would like to take this opportunity to recap a few of the overarching themes and questions asked.
The voluntary Public Interest Commitments (PIC) have a long and sad history at ICANN. They were a process never created or evaluated by the Multistakeholder process, thrown together for one purpose and allowed to morph into a mechanism for an almost unlimited number of un-reviewed other purposes. Disputes are delegated to a resolution process which itself was never evaluated for...
ICANN is reviewing the Internet Society's proposed sale of Public Interest Registry, the .ORG registry operator, to private equity firm Ethos Capital. ICANN effectively has the power to stop the sale by terminating PIR's Registry Agreement. The Electronic Frontier Foundation, NTEN, Consumer Reports, Americans for Financial Reform and several other organizations joined Monday's Public Forum at ICANN67 to ask questions about how ICANN plans to review the change of control of the .ORG registry...