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We've seen alarmingly BIG increases in multiple abusive behaviors – like phishing, hacking and malware – that often leverage the domain name system (DNS) and privacy/proxy services. Cybercriminals capitalize on gaps in DNS security measures, and ICANN is holding the door open for them by failing to implement their privacy/proxy policy. If you are ever targeted, you are not alone. more
Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which "ark" is a contraction of "Arkansas"), but it can also apply to marks composed of common element that predate domain name registration... more
The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more
In the last year, the company that runs the Turkish Domain Registry has made many changes to how the extension is run. First, it has a brand new portal for registrars to interact with, liberalizing the extension .COM.TR, so registrants are no longer required to meet local presence rules, and it has launched a new dispute process to help brand holders recover domain names. more
At first blush most are unlikely to see the relationship between new generic Top-Level Domains (gTLDs) and children. However, as a father and someone that has worked with approximately 50% of all new gTLDs approved by ICANN over the last decade, I have a unique perspective that may shed some light on this analogy. Hopefully, as the ICANN community begins to seek closure in connection with the new gTLD implement process, this article may offer one perspective as to what lies ahead. more
As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus. Unfortunately, ICANN's failure to enforce its minimal WHOIS and DNS abuse requirements has resulted in delayed mitigation efforts at a time when swift responses are needed to protect the public from COVID-19 scams. more
Mayor Bill de Blasio has announced the start of the first “sunrise” phase of the roll-out of the .nyc web address, beginning a five-month countdown towards the full-scale public launch in October 2014. Through .nyc, the city plans to generate revenue, help residents take advantage of government services, encourage local businesses to thrive, market and promote tourism, and spread the dynamic image of New York City around the world. 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
When a new TLD goes into General Availability or Land Rush, the first few days are filled with registrations that reflect how the market perceives the TLD. Registrants may register domain names to develop or for speculative purposes. Others register to protect their brand. The first major web usage survey for a new TLD is generally a Signs of Life survey where the early stages of development can be detected. These surveys were based on the May 19th, 2018 .APP zone file. more
The idea behind my recent book "Managing Mission Critical Domains & DNS" is to provide a unifying overview around the area of domains and naming where I think there exists an artificial divide, and that divide exists between domain policy, and managing ones' domain portfolio; and the DNS ops side of things: running your nameservers or outsourcing to a vendor, or both. I've been doing this for over 20 years, I've seen almost every failure condition that can happen to your domain or DNS... more
In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more
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
A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more
Here's another apparent limitation of the Uniform Rapid Suspension System (URS), the domain name dispute policy that applies to the new generic top-level domains (gTLDS): Proceedings are unlikely to unmask cybersquatters hiding behind privacy or proxy services. Domain name registrants often use these privacy and proxy services to hide their identities when they register domain names. The services have legitimate uses but are controversial. more
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
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