Domain Names

The Real Threat to the Single Root of the Internet Seems to Come from ICANN Itself, of All Places

The proposed final Guidebook for the New generic Top-Level Domains (gTLDs) and Internationalized Domain Name (IDN) gTLDs contains elements that raise grave risks to the ICANN single root of the Internet caused by none other than ICANN itself. Below is my intervention at the ICANN Cartagena Public Forum today. ICANN President and CEO Mr. Rod Beckstrom was prompt to reply and acknowledge the validity of my statement adding that ICANN is fully aware of the problem. more

What is Good Policy for a Domain Name Registry?

Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more

Questions on the Debate on ‘Closed Generic’ gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more

The Grapes of Wrath? An Insight Into .WINE, the Most Hotly Debated TLD in Government Circles

Everybody agrees, all .WINE applicants want to find where the buck is going to stop, as far as the strange stalemate we have been in for so many months. Situation? "What situation?" I hear you asking. In July 2012, when applications and the name of their applicants were released to the public, it appeared that 3 applicants had the same idea, when they applied for a .WINE Top-Level Domain. more

ICANN Must Address Domain Tasting Ripple Effects

A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry. more

Phishing in the New gTLDs

The new Anti-Phishing Working Group (APWG) Global Phishing Survey has just been released. Written by myself and Rod Rasmussen of IID, the report is the "who, what, where, when, and why" look at phishing, examining the second half of 2014. The report has many findings, but here I'll concentrate on the new gTLDs. The second half of 2014 was when an appreciable number of new gTLDs entered general availability and started to gain market share. more

Why is ICANN Traveling Without Moving and Thwarting Innovation in the Domain Space?

While I was giving my .music presentation at ICANN Studenkreis in Barcelona, Spain last week, it dawned upon me. There was not one single ICANN staff member sitting in the room taking notes on any of the presentations given by TLD applicants. I was convinced that it would be beneficial to ICANN staff to observe our presentations and perhaps receive useful feedback from TLD applicants that could be used to better draft the Expressions of Interest recommendation. more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

EFOW Wants Total Protection for Geographical Indications Domains in .VIN, .WINE and All Other TLDs

This is a letter sent from the European Federation of Origin Wines (EFOW) to the courteous attention of Dr Steve Crocker, Chair of the ICANN Board , Mr Cherine Chalaby, Chair of the new gTLD Program Committee Board, Mr Fadi Chehadé, CEO of ICANN and Mr Akram Atallah, COO of ICANN. This letter, sent by its President Riccardo Ricci Curbastro, was sent today to ICANN and is entitled "ICANN initiatives for the attribution of new generic top-level Internet domains -- PDO and PGI wines' concerns". more

The Association of National Advertisers Blinders on New TLDs

I read with interest the piece by the Chairman of the Association of National Advertisers (ANA), Garry Elliot, in Advertising Age, which was partly prompted by my commentary in the same publication describing why new generic Top-Level Domains (gTLDs) could be an opportunity for some brands. He says: "From all I've seen, no matter how one tries to justify ICANN's process or the benefits it speculates will occur, it is simply impossible to defend the economics of the ICANN proposal. That is the Achilles' heel of this entire exercise. To paraphrase an old saying, 'It's the economics, stupid.'" more

WIPO Recommends Uniform Registration for New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more

The Name Collision Conference

Earlier this week Verisign sponsored a two day conference on name collisions in the DNS. Despite the very short time frame in which it was organized, only a month from announcement to meeting, there were some very good presentations. I'll just hit some highlights here; all of the papers and slides are on their web site at namecollisions.net. Sunday morning started with a keynote by Bruce Schneier, who is not a DNS expert (and doesn't claim to be) but had some interesting observations on names in general. more

UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... more

DNSSEC Becomes a Reality Today at ICANN Brussels

Attendees at the public ICANN meeting in Brussels today heard from over two dozen companies that have implemented or are planning to support DNSSEC, the next-generation standard protocol for secured domain names. It is clearer than ever before that DNSSEC is becoming a reality. more

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more