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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

Internet: Government Dominance or Governance?

In an age where the world has gone global in many forms and guises, the political attention is more and more focussed on national, populist issues, that arise from fear for the unknown. I can't deny it: the future undoubtedly contains many uncertainties. This usually comes with a general public that's afraid and in fear of things they cannot oversee. Thus it is easily aroused by a populist leader who feeds on this fear and throws flammable material on the already smouldering fire. In a time where leadership is called for, it seems lacking. The Internet governance discussion demands visionary leadership on a cross border level and it needs it soon. more

It’s Time to End Domain Name Front Running

Next week the Internet Corporation for Assigned Names and Numbers (ICANN) Board of Directors will consider adopting a 20 cent per-transaction fee that will effectively end the abusive speculating practices of domain tasting, front running and kiting. The fee will only apply when domain names are deleted excessively, a signal that they are being "tasted" by speculators. We, at Network Solutions, strongly encourage ICANN to enact this important provision as part of its budget and we have released a statement to that effect today... more

Multistakeholderism Is Working: A Short Series of Articles

I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more

Of Canaries and Coal Mines: Verisign’s Proposal and Sudden Withdrawal of Domain Anti-Abuse Policy

Too many techies still don't understand the concept of due process, and opportunistic law enforcement agencies, who tend to view due process constraints as an inconvenience, are very happy to take advantage of that. That's the lesson to draw from Verisign's proposal and sudden withdrawal of a new "domain name anti-abuse policy" yesterday. The proposal, which seems to have been intended as a new service to registrars, would have allowed Verisign to perform malware scans on all .com, .net, and .name domain names quarterly when registrars agreed to let them do it. more

Why Is Verisign Ignoring New Revenue?

Last month saw a much-anticipated decision handed down in the Independent Review Panel (IRP) proceeding examining the controversial 2015 auction for the .web generic top-level domain name registry (gTLD). This decision has been covered by others, including Kevin Murphy's DomainIncite, and has been the subject of unsurprisingly incongruous statements by both Verisign and Afilias, who are both contending for the .web concession privilege. more

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here. more

ICANN to Auction New Generic Top Level Domains

ICANN has just published a paper from its contractor PowerAuctions LLC, regarding the use of auctions to award new Top Level Domains (TLD) strings in case of contention. I can understand what ICANN wants to avoid. In the past, it has been criticized for using the "beauty contest" model with the redelegation of the .net TLD... However, the auction model is based on the idea that whoever wins the auction will be able to recoup its investment on the sale... more

Internet Governance: Leading by Example

On CircleID Jeremy Malcolm blogged in "Wikileaks and the Gaps in Internet Governance" that "For the Civil Society Internet Governance Caucus (IGC), this highlights the need for cross-border Internet governance issues to be made subject to a due process of law, informed by sound political frameworks, including those of human rights." A reaction, in which a network of the willing is suggested. 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

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

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

Challenging Domain Names for Abusive Registration: UDRP and ACPA

There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more

Top-Level Domains and Search

Search marketers and SEO mavens are starting to pay attention to top-level domains (TLDs) now that ICANN has announced a starting date. Many of them are dubious about the benefits of TLDs to search, but they are missing out on why search will benefit from new TLDs - and vice-versa. A recent article on SEO.com looked at the value of new top-level domains for search. One of the reasons for his skepticism comes from a common but completely erroneous notion that there's some sort of order to how top-level domains work today... more

Premium Generics, the Domain Industry’s Luxury Goods

Categories. The mere mention of the word risks eliciting groans from any domain industry specialist. In the run up to the new gTLD program, this concept was oft discussed. It seemed obvious to most that TLDs were not a homogenous ensemble but instead, could exist in many different shapes and sizes. Except to ICANN staff. They systematically refused to entertain the notion of categories. Even when ICANN Board members suggested some kind of recognition for different TLD types should be hardwired into the program! more