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ICANN Board Retreat Results in Specific New gTLD Directives

Over the weekend, ICANN's Board of Directors met in Norway to discuss the fate of new generic Top-Level Domains (gTLDs). As a result of the meeting, two resolutions were passed related to new gTLDs. First, the Board resolved to recommend further actions based on comments recently submitted by the Governmental Advisory Committee. The second resolution directed the ICANN CEO to incorporate a number of items into the fifth version of the Guidebook including... more

ICANN Issues a Statement on the Spamhaus Case

ICANN issued a statement on the Spamhaus case: "...ICANN is not a party to this action and no order has been issued in this matter requiring any action by ICANN. Additionally, ICANN cannot comply with any order requiring it to suspend Spamhaus.org..." more

Undone! Failure of Persuasion in UDRP Proceedings

A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more

Chanel’s Message On Fakes: We Take It Seriously and So Should You

Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more

Exploring Future Internet Architectures

UCLA and Washington University in St. Louis recently announced the launch of the Named Data Networking (NDN) Consortium, a new forum for collaboration among university and industry researchers, including Verisign, on one candidate next-generation information-centric architecture for the Internet. Verisign Labs has been collaborating with UCLA Professor Lixia Zhang, one of the consortium's co-leaders, on this future-directed design as part our university research program for some time. more

Online Property Protection and the Public Interest

Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more

Maximizing Qname Minimization: A New Chapter in DNS Protocol Evolution

Data privacy and security experts tell us that applying the "need to know" principle enhances privacy and security, because it reduces the amount of information potentially disclosed to a service provider -- or to other parties -- to the minimum the service provider requires to perform a service. This principle is at the heart of qname minimization, a technique described in RFC 7816 that has now achieved significant adoption in the DNS. more

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more

New gTLDs Race to the Bottom With Domain Giveaways?

The new .BERLIN domain added 67,000 new registrations early this week and another almost 6,000 yesterday. This occurred after a few registrars ran a promotion offering free .BERLIN domains. As reported at DomainIncite, over a 1/3 of these domains were purchased by one registrant - making them the largest "landowner" in .BERLIN. Giving away domains may be a good short term business practice... But the geographical domains are not supposed to be generic... more

Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

All New gTLD Registrations Should Be Subject to Sunrise Periods - Even Reserved Names

Planning to register your trademark as a domain name during a Sunrise Period only to find out that the registration appears on a Reserved Names list? There are a number of reasons why a domain that matches your trademark is appearing on a Reserved Names list. First of all, if the domain desired is the subject of Name Collision, it may appear on a Reserved Names list. Although this is not true for all registries, as some operators are allowing domains that have been the subject of Name Collision to be allocated during Sunrise, but not delegated. more

Domain Name Resale Market a Haven for Phishers?

In a recent article at TechWeb, the following observations were made: "Internet addresses that appeal to identity thieves eager to rip off consumers are being posted by major domain resellers... Finnish-based F-Secure has identified more than 30 registered domain names for resale that would be of interest only to the legitimate holder of the trademark or to phishers..." more

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more

Some Thoughts on the ICANN EWG Recommended Registration Directory Service (RDS)

It has been my distinct pleasure to serve on ICANN's Expert Working Group on gTLD Directory Services (EWG). We put in many long months and what seemed like countless hours of research, discussion, meetings, and deliberations on how to tackle a clean-slate approach to gTLD directory services, popularly known as "WHOIS". In our Final Report, the Expert Working Group (EWG) recommended a Registration Directory Service (RDS) to replace today's WHOIS, providing a next-generation system to better meet the needs of the evolving global Internet with greater accuracy, privacy, and accountability. more