Domain Names

Drawing Inferences from the Record: UDRP/URS Decision-Making

The weighing of evidence involves the connecting of dots, which involves drawing inferences. However, just as there can be false positives, there can be false inferences. The tendency may be to think of inferences as coming in one size, but not all inferences are logically correct. Some are weak and others strong. The reason for talking about both kinds is that so much depends on the quality of their making. more

Kenya’s .KE Domain Registrations Nearing 100,000 Mark, but It Can Do Better – Here’s Why

Over the years, the Kenyan Network Information Center (KeNIC) has struggled to reach the 100,000 mark in .ke Kenya country code domain registrations. Many reasons have been given for this shortfall, among them pricing, competition from generic Top-Level Domains (gTLDs) like .com and .org, and also competition from Geographic domains like the new .africa. Also, not opening up the second level for registration has been cited as one of the reasons for the low number. more

ICANN Openness and Transparency: Actions Speak Louder than Words

ICANN has announced that they will be having a Special Meeting of the ICANN Board on 19 February 2010 (3:00 UCT) to discuss the "upcoming ICANN International meeting." It is reasonable to assume that the 17 February 2010 security update will be a topic of discussion... I trust that the ICANN Board will make the right decision balancing the obligations that ICANN has to the global Internet community, with the safety and security of those ICANN stakeholders that participate in person at these ICANN events. However, the ICANN Board needs to gain the trust of the global community in connection with this and other important decisions that it will be making. 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

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

Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more

The ‘Domain Rights Dozen’ - ICA’s RPM Revision Review Principles

As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more

ICANN’s Trademark Clearinghouse to Provide Unprecedented Protections in the Domain Name Space - HUH?

Really ICANN? The Trademark Clearinghouse provides unprecedented protection. According to your recent announcement it does. Do tell, ICANN -- in what way does the Trademark Clearinghouse protect anything? 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

DOTCOM Act Passes House as Rubio Leads Senate Call for IANA Oversight Hearings

The Shimkus Amendment to the $601 billion National Defense Authorization Act (HR 4435) passed the House of Representatives on May 22nd by a mostly partisan vote of 245–177. While all 228 Republicans present and voting supported the amendment only 17 Democrats voted "aye", with 177 in opposition. Final passage on the entire bill was a bipartisan vote of 325–98. The Senate has not yet passed its version of a FY 2015 Pentagon funding bill, and once it does all the differences between the two versions must be reconciled before it can be sent to President Obama for his signature. more

Google Launches .dev Top-Level Domain

Google today launched another new top-level domain, .dev, to the public aimed as a secure domain for developers and tech community. more

ICANN Asked to Remake the Internet in Joseph Smith’s Image?

If there's one thing that scares the bejabbers out of me, it's when organized religion -- either directly or via proxies -- attempts to nose its way into technology policy issues. It appears that such a scenario is unfolding currently, with a concerted new effort to fundamentally remake the Internet in a manner befitting the sensibilities of top-down religious hierarchies. An Internet Pope? The Spanish Inquisition? Not exactly -- that's the incorrect religion for this particular case. more

Credibility and Disbelievablity as it Affects Outcomes in UDRP Proceedings

"Credibility" in English comes through Middle French from a Latin word signifying trustworthiness and reliability in business and personal transactions (allegations, contentions, statements, promises, etc.). Where the goal is persuasion, exaggerating, embellishing, withholding, and falsifying evidence or accusing the adverse party of some heinous crime is not a winning strategy for proving claims or defenses. 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

ICANN’s Implementation Recommendation Team for New gTLDs: Safeguards Needed

During the recent ICANN Board meeting in Mexico City, the Board authorized the creation and funding of an Implementation Recommendation Team (IRT). This team was to be comprised of "an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs." more