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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
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
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
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
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
The ICANN community recently gathered in Kobe, Japan for its first meeting of the year and it was certainly a busy week for attendees. Much of the meeting centered around the work of the Expedited Policy Development Process (EPDP) to address gTLD registration data. As a member of the EPDP team, we had been hard at work since being formed in August of 2018. Just prior to the Kobe meeting, we published the phase 1 Final Report. more
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
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
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
The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. 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
In the run up to the launch of new TLDs there were a lot of rumours about which organisations would apply for which strings. Detractors might pick holes in the entire project, but it's very hard to argue against the merits of new TLDs specifically in the context of cultural linguistic communities that fall outside the realm of ccTLDs (country code top level domains). The case of Catalonia and .cat is probably the best one and has been vaunted as the poster child for new TLDs in some circles. more
This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more
"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more
The Association of National Advertisers (ANA) has shifted its campaign against ICANN's new gTLD program to YouTube with a video from its President accusing the organization of "lying" about having reached a consensus over its plans, reports Kieren McCarthy at .Nxt. "The video ends with a dramatic statement, clearly devised to produce stories such as this one: 'So we'd like to say to ICANN: your claim for consensus it wrong, it is false, it is a lie." more