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Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. 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
GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more
The first Registration Operations Association Workshop took place on Thursday, 16 October 2014, at the Los Angeles Hyatt Regency Century Plaza Hotel. I'd like to thank the 64 people that took the time to attend and participate in the discussion, both in-person and remote. I started the workshop with an introduction to some of the technical challenges being faced by the domain registration industry. 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
There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more
The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more
After ten hectic days, the young Clemson civil engineer turned MBA entrepreneur -- who turned a passion for helping equestrians care for their horses into a website enterprise -- had the HorseDVM.com domain, and its IPR returned to HorseDVM LLC. Ultimately, however, it was the registrant who realized the registrar had wrongfully sold him the domain and the unfairness of what had occurred, who facilitated the return. The culpable registrar ultimately did nothing but unfailingly support its auction subsidiary's sale... more
Since 2005, Infoblox has commissioned a survey by The Measurement Factory, a research firm that specializes in performance testing and protocol compliance. The studies examine key aspects of the Internet's Domain Name infrastructure with results that uncover trends in DNS server configuration and deployed features. Some topics that have helped define the survey over the years have been arguably more leading edge (DNSSEC), while others are best described as quotidian (lame servers). more
Advertisers have given Verisign a free gift worth billions of dollars over the past 10 years. Sports Stadiums provide a great analogy... What do office supplies have to do with basketball? What does oil have to do with football? Yet, Staples will pay the Lakers $116 million dollars and Lucas Oil will pay the Indianapolis Colts about the same (over 20 years) to associate their company names with these stadiums. more
This post outlines a typical information-gathering process for online purchasing decisions and demonstrates why a different approach is needed when buying a domain name. Huge amounts of product information are now publicly available on the Internet. When buying most products, consumers rely on that wealth of information. About 70% of consumers make online reviews a key part of their buying choices, according to a 2012 Nielsen survey. more
The ICA has just dispatched a letter to Assistant Secretary of Commerce Lawrence Strickling in advance of the talks scheduled in Brussels on February 29-March 1 between ICANN's Board and its Governmental Advisory Committee (GAC). Our letter expresses strong concerns that the positions being advocated by the U.S. government and the GAC regarding the proposed Final Applicant Guidebook (AG) for new generic Top-Level Domains (gTLDs) would be detrimental to ICANN's multi-stakeholder policy process and would undermine the rights of legitimate registrants at new gTLDs. more
Just as we started the new year, the U.S. Department of Homeland Security's Cybersecurity and Infrastructure Security Agency's (CISA) issued an alert. On January 6, 2020 , they warned of domain name system (DNS) hijacking and other cyber threats that may be used by nation-state threat actors to disrupt business activity and take control of vital internet assets. A familiar refrain heard in 2019 now repeating in 2020. more
I am glad to announce that the European Commission has officially launched the process to select the next Registry for the .eu Top-Level Domain (TLD). This is done through a competitive procedure that will be concluded, by October 2021, with the signature of a service concession contract between the European Commission and the entity that will be entrusted with the organisation, administration and management of the .eu TLD. more
Multiple new gTLD applicant Famous Four Media is having a very good week. "FFM", the name that they now use for the company to be acknowledged, is getting closer to an important period of its development: the General Availability, also known as "GA", for three of its domain name extension. Added to this, another announcement was made to make it known. more
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