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The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more
The FCA has been naming and shaming financial scam domains for decades. Its "warning list" is probably one the most extensive databases of its kind. But does it do a good enough job of actually warning people? Let us begin with the FCA website, which would not exactly get full points for user-friendliness: locating the "watch list" is a task in and of itself, to say nothing of consulting and scrutinising it. more
The European Union's Network and Information Security Directive (NIS1), introduced in 2016, aimed to strengthen cybersecurity among Member States. However, market fragmentation and growing digital threats led to the enactment of the NIS2 Directive. more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more
As many in the ICANN community prepare to depart for the sunny beaches of Cancun, Mexico, it appears the ICANN 76 meeting could be significant when it comes to the long-awaited next application window for gTLDs. It's been over 11 years since applicants were last able to apply for a gTLD (and some of those strings are still launching into the marketplace all these years later), and the community work to review that initial process has never really stopped. more
The complicated events surrounding the African Network Information Centre (AFRINIC) were brought to light this week by ARIN's President and CEO John Curran during a recent presentation followed by a report today by Simon Sharwood of The Register. more
I can hardly believe it's that time of year again -- time for our annual top 10 year in review. Having been at this for more than 20 years, you'd think I'd seen it all? But with the domain name industry, things are always in flux, and I could never have predicted some of these items. So without further ado -- here are the top 10 biggest stories from 2022. more
WHOIS is about to become even harder to find. ICANN has recently concluded long-delayed contract negotiations with industry meant to accommodate the technical migration from the WHOIS protocol to the Registration Data Access Protocol (RDAP). Instead of limiting the changes to what's necessary to implement the new technical protocol, the proposals effectively gut WHOIS, making it virtually impossible to find by eliminating web-based WHOIS access... more
As we passed five years since the Internet Assigned Numbers Authority transition took place, my co-authors and I paused to look back on this pivotal moment; to take stock of what we've learned and to re-examine some of the key events leading up to the transition and how careful planning ensured a successful transfer of IANA responsibilities from the United States Government to the Internet Corporation for Assigned Names and Numbers. more
While the global economy faced the challenges caused by the pandemic and society embraced new trends, the domain industry continued to expand thanks to the ongoing push toward digitalization. There is no sign of slowing down. The domain industry continued to move forward, embracing the internet's expansion: new trends, new technologies, niche markets and developments. more
After years of work on a proposed standardized system of WHOIS data disclosures (referred to as SSAD), and over a year of operational assessment of the proposal by ICANN itself, the ICANN Board seems poised to reject the proposal. And rightly so. The proposed SSAD is entirely watered down, fractured, and affords no oversight powers to ICANN regarding disclosure decisions that would continue to be left to the complete discretion of individual registrars (the very parties ICANN oversees). more
The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. more
As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. more
At ICANN's recent virtual meeting, I was fortunate enough to join a panel facilitated by the Brand Registry Group (BRG), an association of organisations promoting the use of brand top-level domains, where we discussed the release of the next round of the generic top-level domain (gTLD) program. The fact that I was participating in a discussion like this is hardly news, as I've been commenting on the policy discussions and debating its role in the digital landscape for years. more
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