Domain Names

ACPA Dilemma: Federal Court Denies Injunction in Landmark Case - Cybersquatting Loophole or Legal Oversight?

This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more

Which Comes First, the Trademark or Domain?

For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign? more

U.S. Government Strongly Affirms ICANN Model and New gTLDs

Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process. more

Domain-Name Error Redirect: Incentives and Solutions

Some domainers, having forgone parking revenue to avoid any claims of trademark violation, have then found themselves thrown into legal trouble with trademark claimants because of actions taken by a third party (ISPs and PC manufacturers). In addition to the resulting direct legal cost, the possibility of action by a third party heightens uncertainty and steals management's attention away from its real job. The troubles for the domain name owner start when a surfer who enters in the browser an inactive domain name is redirected to a Web page with advertising instead of getting a page that says there is an input error... more

The ICANN gTLD Battlefield - The Fog of War

Concerning ICANN's new generic Top-Level Domain (gTLD) program, why is the Association of National Advertisers whose members spends 400 billion on their 10,000 brands so violently opposed? Bob Liodice President & CEO of ANA recently wrote an article "How to (Unnecessarily) Encumber The Internet And The Economy" in Forbes highly critical of ICANN but clearly missing the mark. This misunderstanding demands clarification, the fog is getting dense so let's explore some facts. more

RealNames’ Termination: More Catastrophic than Anticipated!

Microsoft is a special company. By definition, its operating systems and Internet browser are no longer just "applications;" they constitute a platform. They are - for 90 percent of Internet users - the sole interface to all Internet content and services. The browser is its own little monopoly. Such is its dominance that Microsoft has the power of life and death over innovation. more

ICANN’s Tax Exemption Requires Updated Review

In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then. more

Speculation and Investment in Domain Names

There has been an ongoing debate on domain name blogs about the relationship between investment and speculation, but there has been no attempt to clarify and reconcile different views. In this essay, I shed some light on the relationship and analyze the implied value creation of transactions in the secondary markets. more

CENTR Reports on Latest ccTLD Stats

The Council of European National Top level Domain Registries (CENTR) has released its 7th edition of DomainWire Stat Report with special focus on European country code Top-Level Domains (ccTLDs). According to the report, the top 20 largest ccTLDs currently represent roughly 82% of all ccTLD registrations globally and 37% of all domain names globally (gTLDs, ccTLDs etc). more

U.S. Uses Domain Names As New Way to Regulate the Net

Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Earlier this month, the United States began to move aggressively toward a new way of confronting the Internet's jurisdictional limitations - the domain name system. more

Securing the DNS in a Post-Quantum World: New DNSSEC Algorithms on the Horizon

One of the "key" questions cryptographers have been asking for the past decade or more is what to do about the potential future development of a large-scale quantum computer. If theory holds, a quantum computer could break established public-key algorithms including RSA and elliptic curve cryptography (ECC), building on Peter Shor's groundbreaking result from 1994. more

How a New gTLD Should Choose a Back-end Registry System - Part 3

This part 3 of the selecting a back-end registry service provider series focuses on Whois and sharing data in new gTLDs. If you've ever looked up information about a domain name you've used a Whois service. It's the public information system about contact information for a domain name or IP addresses, though in this article, we will just talk about domain name Whois. In some generic and sponsored Top Level Domains (gTLDs), Whois is run authoritatively by the gTLD. In older gTLDs such as .com and .net, the authoritative Whois service is run by the registrar responsible for the domain name. While some TLD operators run their own infrastructure... more

EU Calls For Full Privatization of ICANN, Commissioner Calls Sept 30 Moment of Truth

In a video posted on her website this morning, Viviane Reding, EU Commissioner for Information Society and Media, has called for greater transparency and accountability in Internet Governance. She outlines a new Internet Governance model which includes a fully private and accountable ICANN, accompanied by an independent judicial body, as well as a "G12 for Internet Governance" -- a multilateral forum for governments to discuss general internet governance policy and security issues... more

Anti-Phishing Working Group Proposes Use of Secure Hashing to Address GDPR-Whois Debacle

The AntiPhishing Working Group (APWG) in a letter to ICANN has expressed concern that the redaction of the WHOIS data as defined by GDPR for all domains is "over-prescriptive". more

MIT 2010 Spam Conference Starts Tomorrow…

In January we presented the glorious history of the MIT spam conference, today we present the schedule for the first day. Opening session will be from this author, Garth Buren with a topic entitled The Internet Doomsday Book, with details be released the same day as the presentation. Followed by Dr. Robert Bruen with a review of activities since the last MIT spam conference... more