Domain Names

How the EU’s NIS 2.0 Can Help Solve the Challenge of Domain Name Registration Data Accuracy and Access

Over the past twenty years of my engagement in the ICANN multistakeholder process, one topic that has always been near and dear to me has been improving the accuracy and access to domain name registration data in a way that respects the legal rights of both registrants and requestors of registration data. Sadly, the glacial pace at which ICANN develops and implements policy has prevented a holistic solution to the problem. more

When It Comes to gTLDs, Follow the Money (Part 2)

In my previous article I showed that ICANN expects to recover a lot of money from the first round of applications for new generic Top-Level Domains (gTLDs) -- $92.5 million, to be exact -- and that even that dramatic figure is probably substantially underestimated. For that reason, I argued that ICANN probably will recoup a windfall from the first round of gTLD applications and pointed out that ICANN's promise to consult with the Internet community before spending such a windfall is unsatisfactory because it has failed to say beforehand what surplus revenues might be spent for. more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more

Brands and Domains Conference Recap

The best and most knowledgeable experts of dot Brand met in the Brands and Domains conference, on October 2 and 3 in the Hague, Netherlands. Brand and project owners were also present, coming from all around the world -- from Australia or Japan to the USA and Canada. The keynote by Georges-Edouard Dias, CEO of Quantstreams and founder of the concept of brand hospitality, explained how customers are not anymore the targets of brands. more

Setting a Higher Bar: Our .gay Commitment Is an Industry-First

Eight years ago, we made the decision to apply for ".gay" with encouragement from Clyde, my gay brother-in-law, among other passionate members of my family. Although we lost him recently, his memory has only increased our determination to see it through. I know Clyde would be proud of our vision for .gay, and all of the planning and community engagement that has gone into making sure we get this right. more

DOC to ICANN: Time to End Double-Weighted Voting of Registries and Registrars

The US Department of Commerce and ICANN announced today an Affirmation of Commitments. One of the important elements of that document was in section 4, namely that "ICANN and DOC recognize that there is a group of participants that engage in ICANN's processes to a greater extent than Internet users generally." more

ICANN’s “Hallway” Agenda

On Monday, June 21, ICANN convenes in Brussels, hosting its "Welcome Ceremony" for attendees. In advance of the session, the agenda for the Board meeting on Friday, June 25 has been released. As is the fashion, it lists significant issues without being too specific or tipping the Board's hand. It also allows for matters that arise organically during the week of the meeting to (possibly) be heard. more

The Latter is Coded to Criticize the New - Lessons from Depew

This month, we are seeing a very busy global ecosystem with the ICANN 51, UN General Assembly meeting to discuss ICT for Development in New York and now the 19th ITU Plenipotentiary in Busan. Pinktober, Oktoberfest has also become saturated with ICTober so it makes me more reflective. First I would like to make a massive shout out to all those battling cancer, survivors and families who wage war against cancer. May you all walk on and walk strong! more

Investigating Domain Name Crime: Challenges and Essential Techniques

Who would think that so much could go wrong with something as seemingly innocent as a domain name? As cybercrime continues to evolve, causing devastating reputational and financial losses to businesses and organizations, web addresses are used as a weapon -- and it's not always easy to notice their many faces. In this article, let's take a look at the domain name crime landscape, discuss the current challenges investigators and legitimate registrants face, and talk about some useful techniques. more

Why Getting Awards Wrong Undermines the Integrity of the UDRP

The integrity of any legal system depends on the quality of mind of those appointed to administer it. There are expectations that the one judging the facts and applying the law knows what the facts are and what law to apply. Panels appointed to adjudicate disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) are not held to any lower standard than the judges of courts of competent jurisdiction. more

ICANN Turning 25 - It’s the People that Make a Difference

Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more

Thoughts of an ICANN Public Interest Stakeholder on the Intended Sale of the .ORG Registry

The announcement of the intended Internet Society (ISOC) sale of the .ORG registry to Ethos Capital has caused a lot of frustration and anger while raising a lot of questions.
It's more than just about the money. It's more than who is behind it. It's about the soul of the DNS and the ICANN community with its multi-stakeholder model. Let's remember that the Public Interest Registry (PIR) was created, with ISOC as its sole legal owner, to provide ISOC with the funds to operate and to run the registry more-or-less as a Social Business. more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more

Creative Vertigo: The Spin of the ICANN Branding Revolution

The word gTLD has been added to the hardcore lexicon of global branding. Why is this new spin causing vertigo to some? Before you say anything else like 'what'? Just hold on. It makes no difference whether you already are an expert on gTLD or not. The fact is it's in your face and we all have to deal with it for a long time, so deal with it. On the internet today, from around the world, there are over 10,000 articles on ICANN's gTLD... more