Domain Names

Why Don’t GAC Representatives Follow Their Own National Law?

A few weeks ago ICANN's domain name policy making organ (the GNSO) decided that the purpose of Whois was domain name coordination and not compulsory surveillance of domain name registrants. The US and Australian governments expressed their opposition. The US government's lack of concern for privacy is well known. But what about Australia? The Australian ICANN Governmental Advisory Committee (GAC) representative, Ashley Cross, tried to use his authority as "a government" to intimidate the GNSO, sending it a message announcing that "Australia" supports a broader definition of Whois purpose that gives ICANN a blank check... What does "Australia" really support, however? more

Branded Domains Are the Focal Point of Many Phishing Attacks

As a long-established online attack strategy, phishing remains a popular tool for fraudsters because of its effectiveness. The Anti-Phishing Working Group reported more than 300,000 distinct phishing attacks in December 2021 -- more than three times the number reported in early 2020, and the highest monthly total ever identified. more

KnujOn Releases New Security, Abuse and Compliance Report

We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more. more

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more

Industry Makes Rapid Progress on DNSSEC

DNSSEC is being rolled out quickly in top-level domain registries around the world, but there's still some way to go to encourage other Internet stakeholders to adopt the new security technology. That was one of the key takeaways from a day-long, comprehensive session on Domain Name System Security Extensions implementation worldwide, held during ICANN's public meeting in Cartagena, Colombia, last week. more

Public Interest Registry Launches a New Top-Level Domain .GIVING

Public Interest Registry, the non-profit that runs the .ORG domain has launched a new top-level domain (TLD), .GIVING, to streamline online fundraising and donating for mission-driven organizations and philanthropic-minded individuals. more

A Single Price Index for Domain Names Is Misleading

Having a single price index for the domain name industry would be worse than useless. Such an index is presented in a recent study by Thies Lindenthal. The index is intended to be a benchmark for domain owners and investors. But it's out of line with other studies and the common sense of how a market operates. A much better barometer to follow is average prices for groups of domain names with similar characteristics. more

New gTLD Auctions and Potential Unintended Consequences

Auctions will play a critical role in ICANN's new generic Top-Level Domain (gTLD) process, the only question is whether they reinforce ICANN's position as a steward of a global public resource, or undermine it. Auctions are one of two widely used mechanisms used in the allocation of scarce global resources, the other being a comparative analysis (aka beauty contest). ... This paper seeks to highlight those potential unintended consequences and propose a more equitable model consistent with ICANN's role as a steward of public global resource. more

Value or Love for New gTLDs?

ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. more

Disclaimer in Trademark Registration Sinks UDRP Action

A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more

More Warning Shots for ICANN, or the End of the Road?

Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). more

The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. more

ICANN SSAD Proposal Poised to Succeed?

The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more

A Framework for Selecting New TLDs

Your corporate domain names send implicit messages (signals) through their Top-Level Domains (TLDs) and their second-level words. Shape your domain names so to send the right messages and to avoid sending unintentionally confusing messages. The post focuses on a framework to help bidders determine which TLDs send messages that are potentially profit generating... Soon TLDs such as ".car," ".cars," ".green," and ".eco" will be available to any qualified body whose request is favored by the allocation system. The system being discussed is a combination of beauty contests and auctions. more

Where Domain Security Meets the Supply Chain Crunch

Over the last two years, we've all faced supply shortages on items we previously never thought could be in short supply. Most recently, the baby formula and semiconductor markets were hit. Before that, supply chain attacks on Colonial Pipeline and JBS Foods showed us that an attack on one company through a singular point of compromise has the potential to disrupt an entire network of connected companies, products, partners, vendors, and customers. more