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Domain Names / Most Commented

At the Crossroads: The State of Domain Registration Data Services

The Internet's users rely on domain name registration information for vital purposes, including providing security, problem-solving, and legal and social accountability. The data is so important that users perform more than two billion WHOIS queries every day. ICANN has instituted new data policies over the last two years, and is also directing a migration to a new technical protocol, RDAP, that will replace WHOIS access in the near future. So at this critical juncture, how is it all going? more

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more

ISOC and the PIR Sale: Lessons Being Learned

The PIR/.ORG transaction is a watershed moment for ISOC. What had once seemed (at least to ISOC and its Board) to be ISOC's chance to transform its finances now seems to many to be a threat to ISOC's essence, and even its very existence. From the ISOC-NY perspective, this entire affair points out the paucity of community-involved multistakeholder participation in ISOC's critical decision-making processes (and other processes, too). more

Answering Additional Questions about Ethos’ Acquisition of Public Interest Registry (PIR)

A few good questions have circulated in response to my recent blog post seeking clarity around the following: 1) what we mean with respect to adhering to Public Interest Registry's (PIR) historic practices on pricing, and 2) our interpretation of how the new co-operative proposal would reward speculators. With regard to Ethos' pricing commitments: we are not saying that we will raise prices 10% every year -- our commitment is that any price increase would not exceed 10% per year on average, if at all. more

Addressing Recent Media Mischaracterizations of the .ORG Acquisition

Given the level of public interest in Ethos' acquisition of Public Interest Registry ("PIR") from the Internet Society, it is no surprise that this agreement continues to attract press attention. Ethos welcomes open discussion on this important investment, and we are of course following the media coverage closely. Unfortunately, it is not always possible to respond point-by-point to every article, so I would like to take this opportunity to address several mischaracterizations of the deal recently reported by Wired, Deutsche Welle, and others. more

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. more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Enough With Blacklisting Online Pharmacies, Isn’t It Time to Consider White Lists?

Before I go back to the beginning, let me make clear that what follows are my personal observations vis-a-vis how National Association of Boards of Pharmacy (NABP) is managing the .Pharmacy Registry relative to personal experience as founder, President and CEO of Tralliance Corporation, the original manager of the .Travel Registry. My analysis may be a little long, but I promise that if you stay with me, you will be enlightened. more

New Zealand’s Domain Name Commission Wins Injunction in a Lawsuit Against DomainTools

New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more

ICANN vs EPAG: ICANN Seeks Appeal Plus Pushes for ECJ Referral

As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

GDPR and WHOIS - Winners and Losers

I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more

Facebook vs. Domain Names: Lessons from Cambridge Analytica

The current revelations about Cambridge Analytica's use of Facebook data illustrate an important drawback to using a Facebook account as your business' online presence: Facebook knows and sells your customers! Millions of companies - especially small companies and start-ups - rely on a Facebook account for their online presence. On the surface, it seems like a great idea... more