Domain Names

The Emergence and Consolidation of a Jurisprudence of Domain Names

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

Join Live On Sunday - 2nd Registration Operations Workshop (ROW) In Dallas

This Sunday, March 22, 2015, the second Registration Operations Workshop (ROW) will be taking place at the Fairmont Dallas hotel from 12:30 -- 4:30 pm CDT. Discussion will include extensions to EPP, new encryption initiatives and also suggestions for ways to further automate DNS interactions between registries, registrars and DNS operators, including a need to do this for DNSSEC. more

ICANN’s 11th-Hour Domain Name Trademark Policy Negotiations: The Good, The Bad, and The Ugly

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

Valuing Trademarks in Domain Names

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

ICANN Turning 25 - It’s the People that Make a Difference

Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more

Independent Objector (IO) Launches Objection on New Applied-for gTLDs

Independent Objector (IO) has lodged objections on 24 new Applied-for gTLD (name scripts) before the International Chamber of Commerce (ICC) on 12th March 2013. IO has exercised his important role and functionality in favor of Public interests on the grounds of Limited Public Interest and Community. New gTLD name scripts .Med, .Health, .Hospital, .Amazon, .Indians are included in the list of objections filed. more

Getting a Handle on IDNs

Internationalized Domain Names or IDNs are back in the news. ICANN recently released a document entitled "Proposed Final Implementation for IDN ccTLD Fast Track Process"... In a nutshell, ICANN has now offered a path toward authorizing the adoption of ccTLDs in many countries' native languages. This marks a welcome advance for millions of Internet users who do not speak English or who do not use another language covered by ASCII. But with this advance comes some concerns. more

Introduction: New gTLD Security and Stability Considerations (Part 1 of 5 )

Verisign recently published a technical report on new generic top-level domain (gTLD) security and stability considerations. The initial objective of the report was to assess for Verisign's senior management our own operational preparedness for new gTLDs, as both a Registry Service Provider for approximately 200 strings, as well as a direct applicant for 14 new gTLDs... However, in cataloging internal and external risks related to the new gTLD program, we found several far-reaching and long-standing issues that need to be further explored and/or resolved with varying levels of urgency. more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

Verisign Outreach Program Remediates Billions of Name Collision Queries

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

Scene Behind the Screen of IDN ccTLDs

Fundamental & imperative story behind this enablement of a meaningful string as IDN ccTLD name script in local language is very interesting. Previously there was a limitation of two letters as abbreviation for the IDN ccTLD name script and it is I, who proposed and convinced ICANN to remove this limitations that enabled all countries and territories of the world (who use non-Latin base script of their official language) to apply for a meaningful abbreviation or full name of the country as IDN ccTLD. more

GDPR - Territorial Scope and the Need to Avoid Absurd and Inconsistent Results

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

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better. more

ICANN and the Virtues of Deliberative Policymaking - Part II

In the second part of this two-part series article (part one here), Andrew McLaughlin concludes his critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School... "ICANN has never attempted to be -- and was never designed to be -- 'representative' of the worldwide Internet community in any mathematically precise way. In view of the vast size of the global population of Internet users, and the specialized technical focus of ICANN's policy-making responsibilities, it would be a hopeless task to try to achieve truly representative statistical proportionality among ICANN's participants, committees, task forces, or Board members. Rather, here's how the U.S. government's foundational 1998 DNS policy statement described the core principle of 'representation'." more

IDNs in cc-Minor: an Unfinished Symphony

When he wanted to show the transformative and unifying power of the Internet to open this week's ICANN meeting in Seoul, ICANN President Rod Beckstrom had an ace in the hole: Korean guitarist Jay (Jeong-hyun Lim), who became a global YouTube sensation with his hard-rocking version of Pachelbel's Canon. As I watched Jay wail on his gold-plated guitar to standing ovations, I couldn't help but think of Rod waxing that the Internet was a "symphony" of ideas and voices from around the world. more