Domain Names

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more

ICA Questions ICANN on RegisterFly

The Internet Commerce Association sent this letter to ICANN yesterday in regard to the RegisterFly situation: "I am writing to you in my capacity as Counsel to the Internet Commerce Association (ICA), a non-profit trade association dedicated to promoting and protecting the rights of domain name (DN) owners... It has come to our attention that an ICANN-accredited registrar is in the midst of what appears to be a near-complete operational breakdown, and that its ongoing failure to carry out its responsibilities is causing substantial economic loss to tens of thousands of DN registrants in both the United States and multiple foreign jurisdictions." more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

ICANN and Monopolies

One thing that ICANN clearly lacks is a set of well documented and often referenced founding principles. This leaves the awkward position where everyone who has been around since the beginning has a different position on what those principles should have been and all those that have joined later know that there is something fundamental missing. The missing principle vexing me this week is that of fair competition. Even now, long after the gTLD vote, the argument still runs on... more

Domain Names Overcoming Awareness Gap in Mainstream Media

One of the challenges faced by registries that are launching is that there is a large lack awareness of the new options being available -- to browse as internet users or to register a domain. In a recent survey conducted by the Domain Name Association, (TheDNA) (of which I am a member), people of varying aptitude and experience from the general population of 10 different countries were provided a series of questions about their browsing habits. more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. more

Playing the Long Game at the Internet Governance Poker Table

Poker players say if you can't spot the fish within your first 15 minutes at the table, you're the fish. With that in mind, I'm tempted to ask ICANN President Fadi Chehade who's the fish in the high-stakes game of global Internet governance we're now playing. In 2013, ICANN dramatically changed its course in the global Internet governance debate. For a decade ICANN largely stayed out of the game, allowing stakeholders to defend the multi-stakeholder model where private sector and civil society are on equal footing with governments. But in 2013 ICANN went on the offensive... more

Amazon, Google, And The Prospect of Closed gTLDs - Don’t Believe the Hype

There have been a lot of complaints leveled at companies like Amazon and Google who have applied to register a number of new gTLDs. The criticism is that the public will not benefit from having Amazon own .book, .store, .you, and .grocery if they only use it for their own purposes and don't open them up to sell domains to the broader public, and that allowing these companies to own generic registries will hurt their competitors in that space. Although these arguments are not without merit, there are also positive aspects to having established companies own gTLDs. more

Outdated Whois Information Might Lead to False Light Tort: Meyerkord v. Zipatoni

It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. more

The Internet Must Remain Open - Even for Those We Disagree With

Over the past couple of weeks, following the events in Charlottesville, Virginia, there has been significant discussion in social and traditional media about various technology companies removing websites from their servers, or otherwise making them unavailable. As the operators of Canada's Internet domain, we at CIRA are getting numerous inquiries about our stance and policies on this issue. I'd like to use this opportunity to make a couple of clarifications about how CIRA works and what CIRA actually does. more

DomainTools Sued for Misusing New Zealand’s .NZ Domain Name Registration Information

Domain Name Commission Limited ("DNCL"), New Zealand's overseer for the country's .NZ domain, has filed a lawsuit against the domain name service company DomainTools. more

European Data Regulators Throw ICANN Back to the Drawing Board for a Third Time on Whois Privacy

In a letter to ICANN, the chair of the European Data Protection Board (EDPB) makes it plain that even the organization's "interim" plan is fundamentally flawed, reports Kieren McCarthy in the Register. more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more

A Perspective on Verisign’s Patent Application on Domain Name Transfers

As the battle rages over threats to the Internet architecture, a recent publication over the Patent Application for Domain Name Transfers by Verisign is disturbing for those who advocate an open and free Internet. The Application is based on an immediate and direct threat towards an open and free Internet. Just in case people are tempted to think that this was a prank given that they filed it on the 1 April 2011, searches at the United States Patents and Trademark Office (USPTO) reveals that this is a legitimate application . more

Long Live the Neodomainers: The Domain Game, Good or Bad

David Kesmodel's to be released book The Domain Game, irrespective of how it is received, will undoubtedly catapult the industry into a new era: that of the neodomainers, the super crunchers. To analyze the impact of the book on the industry, let's look at stylized exchange scenarios featuring a domainer as intermediary (an intermediary in that he or she acquires from the seller and then hopes to resell to the buyer)... more