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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

WIPO’s UDRP ‘Overview’ Gets Bigger (and Better)

Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more

ICANN’s Board Decisions in Nairobi Will Determine Its Credibility and Respect for Years to Come

Today is the morning of the most revered Thursday in the ICANN meetings calendar -- The public forum. It is tradition personified. It is the day when the show and the showcasing really begin. It is the stage and the choreography of the open microphone that can help influence ICANN decisions one way or another and make the supposed bottom up model appear at its best. more

Three Things Registrars Must Do to Enhance Security

If the rise of phishing has taught us anything, it's that on the Internet, if a digital asset has value, there's somebody out there who wants to steal it. Whether it's a bank account password, a credit card number, a PayPal login, or even a magic sword in an online game, there's a fraudster somewhere trying to misappropriate it for his or her own nefarious purposes. Domain names have always been a target for such criminals. more

The Mosque and the Bazaar: Islam, ICANN, and the New gTLD Program

The launch of the new gTLD program in January, 2012 was undoubtedly one of the finest moments for ICANN; and rightly so. The launch was a culmination of thousands of hours of hard work by thousands of people from various countries, interests, and walks of life. In the end, a 338-page Applicant Guidebook with details about how the new gTLD program was to be implemented was produced. Thus was set the stage for the greatest cyberland rush in history. more

Top Ten New gTLD Gotchas

With the launch of new generic Top-Level Domains (gTLDs) expected to occur early next year, many are closely examining the opportunities and risks associated with ICANN's Program. Although still in draft format and subject to change, keep these gotchas in mind as you think through your strategy. 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

Next Generation gTLD Registration Directory Services (NG RDS) - Proposed Successor to WHOIS

The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries... 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

The Whois Wars Go On

There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more

Cybersquatting and Geopolitics Heats Up

Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more

ICANN CEO “Cautiously Optimistic” EU to Provide Clear Guidance for Domain Industry GDPR Compliance

"ICANN could invoke emergency powers in its contracts to prevent Whois becoming 'fragmented' after EU privacy laws kick in next month," reports Kevin Murphy in Domain Incite. more

The Front Running Class Action Suit

In a recent press release, Los Angeles law firm Kabateck Brown Kellner says it's filed a class action suit against Network Solutions and ICANN for front running. (If you tuned in late, NetSol admits that if you query a domain name on their web site, they will speculatively register it so that it's only available through NetSol for five days, at their above market price.) This is a very peculiar suit... For one thing, it's hard to see how the total class damages would be large enough to be worth a suit... more

ICANN’s New gTLD Double Standard?

Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block. more