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Failure in ICANN’s Governance Framework

The legitimacy of the ICANN multistakeholder model and its governance framework are facing an existential threat requiring immediate attention. The recently announced results of the ICANN Nominating Committee highlight how the ICANN Board is captured by "affiliated" directors, which threatens its independence and ability to act for the public interest. more

The Utility Formerly Known As WHOIS

Muscle memory is a funny thing. We don't even think about it really, but when we do the same thing over and over again, it just becomes second nature to us. This is how we've come to use WHOIS over the past two decades to get contact information for registered domain names. If you wanted to see who owned a domain, you'd simply do a WHOIS search. I've probably done hundreds of thousands of them during my time in the industry. Well as of this week, a major step in the retirement of WHOIS officially took place. more

Blame Yourself, Not ICANN

Domain name owners have traditionally complained that ICANN does not listen to us, and there is indeed plenty of evidence demonstrating the group’s obliviousness to community input. Nevertheless, as domain owners, we need to begin giving ourselves a share of blame too. It’s time to reflect on our failures so we can come up with an actionable solution... more

Donuts Holder of the Largest Portfolio of New TLDs Acquired by Abry Partners

Donuts Inc., a global leader in new top-level domains (TLDs), has announced that it has entered into an agreement to be acquired by Abry Partners, a private equity firm. more

New Top-Level Domains Emerging

With all the buzz surrounding new Top-Level Domain (nTLDs) at the last ICANN meeting in Mexico, I am sure many of you have already encountered or read information regarding the latest applications. For those who haven't been staying abreast of the latest, here is a quick review... There are two different general types of TLDs -- gTLDs and ccTLDs. ICANN is now opening the possibility of adding further TLD extensions, which can virtually be anything... more

2015 Domain Year in Review

2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more

Big Brands Shooting Themselves In The Foot?

One of the topics that keeps coming up in ICANN policy discussions and as part of the new TLD application process is "transparency". ICANN, and the internet community in general, has had plenty of issues in the past with "bad actors" who have caused a lot of issues for everyone (think of many of the registrars who have lost accreditation in the last couple of years for example). On more than one conference call or policy discussion the issue of a company or a person's track record has come up. more

Name Collisions II - A Call for Research

This post is a heads up to all uber-geeks about a terrific research initiative to try to figure out causes and mitigation of name-collision risk. There's a $50,000 prize for the first-place paper, a $25,000 prize for the second place paper and up to five $10,000 prizes for third-place papers. That kind of money could buy a lot of toys, my peepul. And the presentation of those papers will be in London -- my favorite town for curry this side of India. Interested? Read on. more

The Rise of a Secondary Market for Domain Names (Part 1/4): A Tale of Competing Interests

The Trademark Act of 1946 defines trademarks and service marks to include "any word, name, symbol, or device, or any combination thereof." Marks composed of lexical and numeric elements (as opposed to images) also can be described as strings of characters. Before the Internet there was no commercial use of such strings other than as marks, but the functionality of the Internet depends on strings of lexical and numeric characters in the form of domain names that serve as electronic addresses. more

2022 Domain Name Year In Review

I can hardly believe it's that time of year again -- time for our annual top 10 year in review. Having been at this for more than 20 years, you'd think I'd seen it all? But with the domain name industry, things are always in flux, and I could never have predicted some of these items. So without further ado -- here are the top 10 biggest stories from 2022. more

Kentucky vs. 141 Domain Names

Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more

Typosquatting Claims Against Security Researcher Are Legally Complicated - Gioconda v. Kenzie

Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more

Halftime Is over for the New gTLD Applicants: Musings of a Hungry Marketer

As I sit in Schiphol airport awaiting the final leg of my journey home from ICANN Toronto, I'm thinking of all the work that lies ahead in the coming months. The sense of being caught in the holding pattern that descended over the industry after the Prague meeting and lasted into September, is evidently over. The wheels have thankfully begun to turn again on the path towards the new TLDs finally going live. more

The ICANN Hunger Games

Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more

ICANN’s Internet Users Representatives Decry New Top-Level Domain Implementation

Surprisingly, and adding to the rapidly growing field of objections to ICANN's proposed expansion of the domain naming system, the group that represents individual Internet users in the ICANN community, the ICANN At-Large Advisory Committee, posted their advice on new Generic Top-Level Domains (gTLDs). more