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February 2002 was a seminal month in the evolution of the ICANN At-Large movement. We began hearing reports from our European members that ICANN's chief lawyer, Joe Sims, was in Brussels, Belgium, holding closed-door meetings with European Commission members to gauge their reaction to plans that completely restructure the ICANN board, replacing the At-Large with a body of government representatives! The rumors were confirmed days later when ICANN President M. Stuart Lynn posted his "ICANN - The Case for Reform". more
I thought of ICANN yesterday when reading about the devolution of the Iraqi Governing Council, which managed to unite for just a moment to approve a constitution with about the half-life of lutetium. ICANN and the IGC: two institutions put in charge of ill-behaved constituencies and stuck in chronic failure mode. Could anything be learned by examining them at arm's length? Indeed, different as they are, their histories contain several common elements... more
A complaint under the Uniform Rapid Suspension System (URS) may -- like the Uniform Domain Name Dispute Resolution Policy (UDRP) -- include more than one domain name, but few URS complaints have done so. Now, one new URS case just changed everything. In the largest URS case ever filed, an expert at the Forum ordered the suspension of 474 domain names in a single proceeding. 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
Antony Van Couvering, CEO of Minds + Machines, continues his series of in-depth talks with leading figures from the domain name industry with this video interview of Elliot Noss, CEO of Tucows, filmed recently at ICANN 49 in Singapore. 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
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 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
When .org prices rise, who suffers – nonprofits or speculators? Will Ethos Capital raise prices more aggressively than ISOC would? Vint Cerf attributed concerns about higher prices to speculators: "Of course, companies that hold domain names in the tens of thousands for speculative purposes might find such increases more troubling, but I don't have much sympathy for that business model in the context of the organizations the .org brand is intended to serve." 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
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
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
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
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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