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On Wednesday, May 4, the U.S. House Judiciary Committee will hold a hearing called ICANN Generic Top-Level Domains (gTLD) Oversight Hearing. Kurt Pritz from ICANN has been invited to testify. Arrayed against him are a parade of intellectual property interests, some reasonable, some pur et dur lobbyists for complete corporate hegemony over all aspects of the Internet. more
Recently ten Democratic Members of Congress wrote a letter to Alan Davidson, head of the NTIA, requesting that the "NTIA immediately cease the public disclosure of personal information about users of .US" country code top-level domain (ccTLD). This communication highlights a significant concern regarding domain registration data: the need to protect the privacy rights of Registrants. However, an equally significant concern regarding registration data was raised... more
The ICANN 64 meeting in Kobe concluded two weeks ago, and we are no closer to accessing WHOIS data critical for law enforcement, cybersecurity threat investigators, intellectual property owners, or other consumer protection advocates who rely on the data to act quickly against online abuse in the domain name system. Instead of a balanced approach to WHOIS that serves the public interest, the ICANN Board is set to approve a new global policy that fails to even fully acknowledge critical... more
ICANN realized during the Mexico City public meeting that its draft proposals for new generic Top-Level Domains (gTLDs) did not take sufficient account of the trademark problems that might arise if the new top level domains become havens for cybersquatters. ICANN sensibly asked the trademark and brand owners to propose rules and procedures that might address these problems... more
This post could be subtitled: "The Wisdom of Elites." I polled some people I know in the domain field (plus Andrew Goodman, who wondered what the hell I was going on about). I asked them a simple question: "For the record, how many new TLD applications do you think there'll be?" Most of these people know the domain name world very well, but from different perspectives. Journalists, registrars, intellectual property attorneys, domainers, registry operators, TLD aspirants, entrepreneurs, domain aftermarket auctioneers, civil society activists... more
In a move that shouldn't come as a surprise to anyone, the EU Commission has given a rather mixed welcome to the IANA bid. While they obviously like a lot of what they are seeing, they're also not overly impressed with the contract only being open to US companies. more
In another blog post, I wrote about the sometimes confusing circumstances in which domain name dispute panelists will consider supplemental, or additional, filings from the parties (in addition to a complaint and response) in cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). I quoted the WIPO Overview, which states, in part, that supplemental filings may be appropriate where a party can "show its relevance to the case and why it was unable to provide that information in the complaint or response." more
Type www.z10.com into your browser and you'll arrive at an Amazon page on which "Global Mobiles" sells unlocked BlackBerry Z10 phones. What? Did you expect to be directed to a BlackBerry (formerly Research In Motion) site just because the Z10 has been touted as the phone that will help make or break the struggling company? What happened? A savvy domain speculator realized that his or her domain name had become a hot commodity... more
DomainKeys Identified Mail (DKIM) is the leading email authentication technology, supported by major ISPs including Google, AOL, and Yahoo! (who invented its predecessor), popular mail server software like Sendmail, and many of the best minds in email technology. But if you peruse the archives of the IETF DKIM mailing list, or start up a conversation at MAAWG, it might appear that there's still a lot of disagreement about what a DKIM signature actually means. more
Internet Corporation for Assigned Names and Numbers (ICANN) has been holding a public comment period on the second draft of the new generic Top-Level Domains (gTLD) handbook. This period was due to close yesterday. Prior to yesterday afternoon there was a healthy number of comments, but in the past 24 hours a significant number of new comments have been submitted... more
My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more
On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more
Back in the early days of the public Internet, Network Solutions had a monopoly on .com, .org., and .net domain registrations and charged $100 per domain for a 2-year registration. Growing complaints about that predatory pricing was one of the factors that led to ICANN's creation. NetSol established an internal "firewall" in 1998 and its wholesale prices soon dropped to $6 per domain. VeriSign acquired NetSol for $21 billion in 2000, and then sold off the registrar side of the business to private equity in 2003. more
A major concern about the present WHOIS is the level of data inaccuracy. The Expert Working Group (EWG) on Registration Directory Service (RDS), of which I had the pleasure of being a member, spent considerable time figuring out how to improve WHOIS data accuracy. The EWG in its final report proposed a new system, the RDS, which we believe will significantly address the flaws in the current WHOIS, including the data inaccuracy challenge. more
On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair. more
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