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There is an urgent need to clarify the GDPR's territorial scope. Of the many changes the GDPR will usher in this May, the expansion of EU privacy law's territorial scope is one of the most important. The GDPR provides for broad application of its provisions both within the EU and globally. But the fact that the GDPR has a broad territorial scope does not mean that every company, or all data processing activities, are subject to it. more
Antony Van Couvering from names@work writes that ICANN's constituencies are a "bad idea". While I am not sure to agree with him on the general principle, he makes some interesting remarks. Among others, he points out that the Generic Names Supporting Organization (GNSO) includes groups that seem to be redundant (the Business and Intellectual Property constituencies) and others like domainers which are not represented in the ICANN arena, yet are an integral part of the domain name business... more
One of the fallouts of disruptive inventions is the need for new laws to counter their unexpected consequences. As it concerned the Internet, these consequences included a new tort of registering domain names identical or confusingly similar to trademarks and service marks with the intention of taking unlawful advantage of rights owners. Prior to 2000 the only civil remedy for "cybersquatting" or "cyber piracy" was expensive and time-consuming plenary actions in courts of competent jurisdiction under national trademark laws. more
A name collision occurs when a user attempts to resolve a domain in one namespace, but it unexpectedly resolves in a different namespace. Name collision issues in the public global Domain Name System (DNS) cause billions of unnecessary and potentially unsafe DNS queries every day. A targeted outreach program that Verisign started in March 2020 has remediated one billion queries per day to the A and J root name servers, via 46 collision strings. more
In my role as CMO of .CLUB I get to speak about domain names at different events all over the world, and have been doing so for more than two years now. From stages and podiums at countless events I have heard the same comments and questions again and again, and in all that time it seems that very little has changed when it comes to the perceptions of the new domain extensions, the so-called "new gTLDs"... more
Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days. more
This article addresses the issues around the planned sale of the PIR .org registry by ISOC. It examines the history and issues plus looks at several possible paths forward, including PIR becoming a Benefit Corporation (B-Corp) and identifying possible alternative buyers who could retain PIR's non-profit status. Before Tim Bernier-Lee brought the HTML markup language to the Internet, starting in 1989, there were few registered domain names. Access for public registration started in 1986, and by December, there were about five dozen registered .com domain names. more
A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all because they had their own distinct identities. Moreover, "I have" (he argued) "just as much right to own the [misspelled] Domain Names as the person who owns the correct spelling of [a] domain name." That dispute involved and <wallstreet journel.com>. Dow Jones & Company, Inc. and Dow Jones LP v. John Zuccarini, D2000-0578 (WIPO September 10, 2000). more
My new essay, "Valuing Trademarks in Domain Names," outlines the various approaches to valuing trademarks, pointing out the approaches’ different strengths and weaknesses, with emphasis on domain names. Using court cases, the essay points out that there is no one right way to value intangible assets but there are wrong ways. more
On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more
As we blogged about recently, Neustar is committed to ensuring that the domain name system is secure and stable and has been operating top-level domains (TLDs) for over a decade. Tuesday, Neustar submitted comments to the Internet Corporation for Assigned Names and Numbers (ICANN) in response to ICANN's proposal to delay the launch of hundreds of new generic top-level domains (gTLDs). ICANN's decision to delay the launch is based on a study it commissioned that measured the potential frequency of domain-name collision. more
The new Top-Level Domain (TLD) program was designed from the outset to enhance competition and foster innovation. It was a great result for the wider industry to see approximately one-third of the applications received by ICANN submitted by some of the world's largest companies seeking to own and operate their own .brand TLD. Even with organisations such as Apple, Citibank and IBM applying for their respective TLDs, scepticism remained on the potential for .brands to succeed. more
ICANN organized a meeting on 15-16 November 2012 in Los Angeles, the Trademark Clearinghouse policy negotiations... I participated on behalf of noncommercial users in the policy meeting in person in LA on 15 November, and then for part of the discussion on 16 November via telephone. Here is my personal evaluation of the meeting and my initial reactions to the output of the meeting pending further discussion with the NCSG Policy Committee. more
There is a definite advantage to knowing what users look for when typing in domain names that they think should work. This article from Government Computer News shows an excellent example in .gov. "600,000 visitors a year to FirstGov try to find the federal government's Web site by typing USA.gov into their browser", so they switched from firstgov.gov to usa.gov. It wasn't mentioned in the article, but firstgov.gov redirects automatically; this is more intelligence than I normally expect from US government web sites. more
EFF and 26 other organizations, including Wikimedia Foundation, Public Knowledge, National Council of Nonprofits, YWCA and YMCA, sent a letter today to the Internet Society (ISOC), urging it to stop the sale of the Public Interest Registry (PIR) -- operator of .ORG top-level domain -- to private equity firm Ethos Capital. more