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The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion... more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Former ICANN Senior Vice President Kurt Pritz to be Named Chair of Whois Group

"Former ICANN senior vice president Kurt Pritz is expected to be named chair of the group tasked with reforming Whois in the post-GDPR world," reports Kevin Murphy in Domain Incite. more

Thoughts on the Proposed Copyright Alternative Dispute Resolution Policy

A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more

Why Domain Name Security Matters Most?

In my recent CircleID post, DNS, Domain Names, and Certificates: The Missing Links in Most Cybersecurity Risk Postures, I highlighted the importance of applying multiple layers of defense to secure these business-critical assets. Last Friday, Brian Krebs, the world-renowned cybersecurity journalist, reiterated the criticality of domain name security because the domain name "e-hawk.net" was stolen from the rightful owner using social engineering tactics targeting its domain name registrar. more

Refutation of the Worst IANA Transition FUD

Of all the patently false and ridiculous articles written this month about the obscure IANA transition which has become an issue of leverage in the partisan debate over funding the USG via a Continuing Resolution, this nonsense by Theresa Payton is the most egregiously false and outlandish. As such, it demands a critical, nearly line by line response. more

ICANN’s Economic Study - It Depends

Economists aren't very good at predicting things, as any one with money in the stock market can attest. The most powerful economist in the United States, the Chairman of the Federal Reserve, is on record predicting a continuing climb in housing prices -- just prior to their precipitous decline. And yet their crystal balls still hold some allure for those who need to present "evidence" about the future. Such is the case with ICANN and the new generic Top-Level Domain (gTLD) program. more

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

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more

How to Protect Your Brand in Web3

In 2014, computer scientist Gavin Wood coined the term "Web 3.0." The phrase, which has now been shortened to "Web3", refers to the third generation of the internet that's designed to be truly decentralised and free from a central authority. Web3 has the potential to add real-world value for businesses by creating additional avenues to reach consumers. However, owing to its less regulated nature, brands also have the potential to be taken advantage of both by users and by the providers in the space. more

Why Vertical Integration Is Good for the Domain Name Industry

ICANN's decision a little over a week ago to permit the vertical integration of registries and registrars in the new top-level domain program, which now appears in the Applicant Guidebook published over the weekend, was as welcome as it was surprising. This bold, principled stance will fundamentally modernize the domain name industry and create competitive benefits that will be felt by consumers and under-served communities for years to come. more

The Facts about Vertical Integration?

In a far less dramatic event, the ICANN Board will soon decide the question of vertical integration between domain name registries and registrars in the new Top-Level Domain (newTLD) round. But Adams' statement continues to ring true today and the question the ICANN Board must ask itself is: "what facts do we have before us to justify a change in policy." After 2+ years of intense community discussion on this topic, the answer is clearly -- very few. more

Google Engineer Ben McIlwain on Why HSTS Could Be a Perfect Fit for .Brands Security

The Google-run .app TLD was always destined to draw attention and scrutiny, from the moment it fetched a then-record ICANN auction price of $25 million. Since it reached General Availability in May it has gained more than 250,000 registrations making it one of the world's most successful TLDs. However perhaps more interesting was Google's choice to add the .app TLD and its widely used .google extension to the HTTP Strict Transport Security (HSTS) Top-Level Domain preload list, offering an unprecedented level of security for all domains under .google and .app. more

American University Washington College of Law to Hold Open Discussion on the .ORG Sale Controversy

The American University Washington College of Law announced it will be hosting a fireside chat on the sale of the Public Interest Registry (PIR) to the private equity firm Ethos Capital. more