Domain Names

Do Not Enter - It’s XXX

There soon will be a central place for Web surfers to dwell in a forbidden cyber land of adult fantasies, sex, dark rituals and total taboos. Finally, ICANN has given in to the pressure and has tossed a big rock across the turbulent e-commerce ocean. It has approved a new suffix, .xxx, for adult-only porn sites, creating ripples and debates in ever so confusing global cyber branding times when cyber global domain name challenges are being fought in the complex earthly trademark realities. Three things are bound to happen... more

ACPA Applies to Noncommercial Use of Domain Name

A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... more

The Ultimate Solution to Internet Governance: Let ITU and ICANN compete

Controversies over ICANN led to the creation of the Working Group on Internet Governance, but so far there have been few specific proposals for change. The Internet Governance Project has entered that breach with a new policy paper: "What to Do About ICANN: A Proposal for Structural Reform." The proposal, by Hans Klein and myself, proposes three clean, clear but probably controversial solutions to the criticisms that have been made of ICANN. more

Whois Privacy vs. Anonymity

The Internet is often a lawless place. Everyone knows that there are many tricks and traps lurking on the Internet, just waiting to prey on unsuspecting and innocent users. Some of these traps will trash your computer while others will turn your PC into a zombie that will broadcast messages at the virus writer's command. ...The list of annoyances and downright criminal activities seem endless. ...To make the Internet a safer place both legislators and law enforcement are now focusing on the Internet. In the crossfire that's taking place there are many ideas that are being offered up. Some of them are good and some are not. One bad decision that was recently forced upon the Internet community (without hearings -- more on this later) was to eliminate private domain name registrations for .US domain names. ...It's important to understand the difference between privacy and anonymity. more

Domain Name Dispute Cases Increased by 6.6% in 2004

In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more

Closer Look at Domain Name Transfer Policy and the Hijacking of Panix.com

Given the recent panix.com hijacking, I will give an outline of the current ICANN transfers process for gtlds. In the case of panix.com, evidence so far indicates that a third party that holds an account with a reseller of Melbourne IT, fraudulently initiated the transfer. The third party appears to have used stolen credit cards to establish this account and pay for the transfer. That reseller is analyzing its logs and cooperating with law enforcement. more

Third-Level Domain Name Hijacking

A new type of domain-name hijacking is being carried out unnoticed. It involves third-level domain-names associated with affiliate programs. If you had been an online affiliate of, say, company xyz.com, your affiliate Internet address could have looked like YourCompanyName.xyz.com. more

ICANN Transfer Policy: Domain Hijacking Got Easier or Did It?

Slashdot recently ran a story about the upcoming changes to the ICANN rules governing domain transfers between registrars. A blog entry at Netcraft referenced by the story stated that: "...domain transfer requests will be automatically approved in five days unless they are explicitly denied by the account owner. This is a change from current procedure, in which a domain's ownership and nameservers remain unchanged if there is no response to a transfer request. This could mean trouble for domain owners who don't closely manage their records..." more

Internationalizing Top-Level Domain Names: Another Look

A paper by Dr. John C. Klensin, former Vice President of Internet Architecture at AT&T, a Distinguished Engineering Fellow at MCI WorldCom, and Principal Research Scientist at MIT. This paper has been reproduced with kind permission from the Internet Society. "Over the last few years, rising interest in internationalized domain names has been accompanied by interest in using those names at the top level and, in particular, replacing or supplementing country-code based domain names with names in the language of the relevant countries. This memo suggests that actually creating such names in the DNS is undesirable from both a user-interface and DNS management standpoint. It then proposes the alternative of translating the names so that every TLD name is available to users in their own languages." more

Domain Registry Models: Thin or Thick?

The domain registrars discussion -- despite the occasional bizarrity -- mostly demonstrates that there is no unanimity among registrars on this issue. So, what arguments can be made in favor of either model, from a registrant's point of view? The thick domain registry model -- under the assumption that registries are more diligent with registrant data than some registrars may be -- helps take care of escrow concerns... more

Comments to ICANN’s Whois TF3

My general impression of the Task Force 3 (TF3) output was that it was a prettified way of accusing the community of internet users as being cheats and liars and demanding that the costs of trademark enforcement be offloaded from the trademark owners onto the backs of domain name registrants and the DNS registration industry. (It is amazing how often the trademark industry forgets that the purpose of trademarks is to protect the consumer's right and ability to identify goods and services and to distinguish such goods and services from one another.. The trademark industry forgets that trademarks are intended to benefit the customer, not the seller, and that any benefit to the seller is merely incidental.) more

Ireland’s .ie To Come Under Government Control

The Irish domain registry (IEDR) is to come under the control of the Commission for Communications Regulation ComReg. At present the registry is managed by a "not-for-profit" company, however it has come under increasing criticism with regard to both its management and policies. Although there are approximately 40,000 IE domains currently registered, it is still one of the strictest and most expensive ccTLDs in the world. more

Using Whois to Enforce Law?

Before starting I'd like to remind you that there are two distinct Whois systems -- the one for IP address delegations and one for DNS registrations. I believe that the former is a useful system in which there are clear utility values that outweigh the privacy costs, and in which the person whose privacy is exposed has made a knowing choice. I do not believe that these arguments apply to the latter, the DNS, form of Whois. more

A Psychoanalysis of Corporate Domain Names and Branding - Part II

Naming for today's global e-commerce is very fragmented and every corporation is trying to cope with little or no guidance at all. When a name fails to deliver a clear and distinct message no amount of bizarre branding ideas will ever save it. Now to check on the health of a name here are some key reasons and if not corrected, a name will endlessly shout and eventually die. more

Lobbying for Whois Privacy

Today a letter was submitted to the President of ICANN, Paul Twomey, at the ICANN Carthage meeting, "asking him to ensure that strong privacy safeguards, based on internationally accepted standards, are established for the WHOIS database." Latest reports indicated that the draft letter had been signed by about 50 nonprofit groups and represented 21 countries on six continents. "Signers of the letter included the American Library Association, the U.S. Association for Computing Machinery, the Australian Council for Civil Liberties, Electronic Frontier Finland, Privacy Ukraine, and the United Kingdom's Foundation for Information Policy Research." more