Domain Names

The Utility Formerly Known As WHOIS

Muscle memory is a funny thing. We don't even think about it really, but when we do the same thing over and over again, it just becomes second nature to us. This is how we've come to use WHOIS over the past two decades to get contact information for registered domain names. If you wanted to see who owned a domain, you'd simply do a WHOIS search. I've probably done hundreds of thousands of them during my time in the industry. Well as of this week, a major step in the retirement of WHOIS officially took place.

How Domain Data Helps Thwart BEC Fraud

It's true, domain data has many practical uses that individuals and organizations may or may not know about. But most would likely be interested in how it can help combat cyber threats, which have been identified as the greatest risks businesses will face this year. Dubbed as the greatest bane of most organizations today, cybersecurity can actually be enhanced with the help of domain data. How?

Recovering Domain Names Lost to Fraudulent Transfer

Domain Names composed of generic terms and combinations – dictionary words, random letters, and short strings – have achieved ascending values in the secondary market. DNJournal.com (Ron Jackson) reports on his year to date chart, for example (just a random sampling from the charts) in August 2019 joyride.com was sold for $300,000, in June voice.com sold for $30 million, in July rx.com sold for $1 million, and in January california.com sold for $3 million... The magnitude of the reported sales suggests that businesses have come to depend on resellers than go to the trouble of inventing brand names from scratch.

Business Email Compromised (BEC) Scams Explode Under the GDPR Implementation

Business email compromised (BEC) attacks targeting American companies are exploding, with an increase of over 476% in incidents between Q4 2017 and Q4 2018. Up as well is email fraud with companies experiencing an increase of over 226%. These highly targeted attacks use social engineering to identify specific company employees, usually in the finance department and then convince these employees to wire large sums of money to third-party banking accounts owned by the attackers.

Domain Name Registrar Isn’t Liable for Counterfeit Goods – InvenTel v. GoDaddy

InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round of litigation involving a new counterfeit site allegedly by the same bad guys, www.hdminorcarnbuy.com, a domain name registered via GoDaddy.

The Pros and Cons of Introducing New gTLDs

Every time new concepts are introduced, much debate ensues as to the advantages and disadvantages such a change would bring forth. We've seen that happen with the launch of IPv6. Detractors and supporters rallied to make their respective arguments heard. One thing is sure though. The need for a much larger IP address space is something both parties are in agreement with.

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names.

A Mexican Standoff in Wonderland

Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign.

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result.

The Ageless Warning of Icarus

It wasn't that long ago that, during a visit home, my brother asked me, "Why are you so stuck on this Internet thing?" His direct question caused me to realize that I had never actually stopped and considered why I was investing so much time – and in such a highly visible manner – into Internet governance when I wasn't being compensated for doing so and, in fact, was – not putting too fine of a point on it – flat broke.