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As an unwavering stalwart of ICANN's obligation to honor its commitments under the bylaws to "operate to the maximum extent feasible in an open and transparent manner" I make it a point to read the minutes of its board and committee meetings in large part because I spent most of my three years on the ICANN Board trying to get these documents timely published. In reviewing the recently published IANA Committee minutes the following item caught my attention. more
In a joint letter sent to ICANN on Monday, a group of non-profit organizations has opposed the removal of price caps in the .org Registry Agreement. more
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
Google's lawsuit against the Lighthouse phishing syndicate exposes the industrial scale of cybercrime, highlighting how criminals exploit easy access to digital infrastructure to scam millions. The broader supply chain enabling such operations demands urgent reform. more
The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding... more
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
It's true, domain data has many practical uses that individuals and organizations may or may not know about. But most would likely be interested in how it can help combat cyber threats, which have been identified as the greatest risks businesses will face this year. Dubbed as the greatest bane of most organizations today, cybersecurity can actually be enhanced with the help of domain data. How? more
I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more
A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more
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
Companies today manage hundreds or even thousands of domain names that support their organization, their visitors from different countries, and their brands and trademarks. They register misspelling of their names as a defensive strategy to protect their brand from online fraud, or from losing traffic to simple user typos. more
The October 2014 edition of the Afnic Industry Report on Domain Names is out with focus on the impact of the hundreds of new TLDs on "traditional" players. The October 2014 issue shows that gTLDs (.com, .biz., etc.) are impacted by the massive influx of new TLDs on the market whereas ccTLDs (.fr, .re, ...) are better resisting the newcomers. more
Michele Neylon writes: "Earlier this morning ICANN made public the resolutions from the most recent board meeting of November 5th 2010. The meeting was not a "normal" meeting - it was deemed a "special meeting" and its sole topic was vertical integration and cross-ownership between registrars and registries. This topic, often simply referred to as VI, has been a subject of debate - often very heated - for the last 12 months." more
Ars Technica's Dan Goodin reports that an "investigation shows the spam run worked by abusing a weakness at GoDaddy that allowed the scammers to hijack at least 78 domains belonging to Expedia, Mozilla, Yelp, and other legitimate people or organizations." more
An increasing number of domain name disputes are being conducted in languages other than English, a trend that presents a new challenge for some trademark owners. In 2015, 85.77% of all domain names disputes at the World Intellectual Property Organization (WIPO) were conducted in English - down from an all-time average of 88.01% and a record high (in 2000) of 99.84% (disregarding 1999, the first year of the UDRP, because only one case was filed - in English -- that year). more