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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
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
The Silent Librarian advanced persistent threat (APT) actors have been detected once again, as the academic year started in September. With online classes increasingly becoming the norm, the group's phishing campaigns that aim to steal research data and intellectual property could have a high success rate. Dozens of phishing domain names have been reported, although some may have already been taken down. 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
DNSSEC adoption has been slow, but is now picking up speed, thanks to organizations leading the way. ... While some registries have already signed, some have announced plans to sign and others are still trying to figure out their plan. Either way, DNSSEC is here. How can we make DNSSEC adoption quicker and easier not only for the registry but for individual name owners? more
Since Verisign published its second SSR report a few weeks back, recently updated with revision 1.1, we've been taking a deeper look at queries to the root servers that elicit "Name Error," or NXDomain responses and figured we'd share some preliminary results. Not surprisingly, promptly after publication of the Interisle Consulting Group's Name Collision in the DNS [PDF] report, a small number of the many who are impacted are aiming to discredit the report. more
For a brief moment earlier this week, I thought my days spent dreaming of hover-boards, flying cars and Biff's elusive Sports Almanac were finally over. From reports circulating online, we had finally reached "Back to the Future Day". Those movie buffs out there will know exactly what I'm referring to... But it got me thinking. What would the Domain Name world look like if that crazy cat Doc Brown swung past in his DeLorean, with a fully-charged flux capacitor and a return ticket to October 21st 2015? 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
A group of researchers from Belgian University of Leuven and US-based Stony Brook University have conducted a one of a kind content-based typosquatting experiment that studies the typosquatting phenomenon "longitudinally", i.e., in time. 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
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
Wednesday's announcement by the Obama administration, that former Washington state governor Gary Locke has been nominated as the next Secretary of Commerce could be a good sign for Internet governance, and the continued globalization of the ICANN regime. The Chinese-American Locke brings key political capital and experience to the table. He is well respected within and has access to the most senior levels of the Chinese government... 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
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
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
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