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We have just returned from the Brussels, Belgium ICANN meeting where we released our Registrar audit, the Internet "Doomsday Book." There are many topics covered in the report, but we wanted to follow up specifically on the issue of WHOIS access and add data to our previous column Who Is Blocking WHOIS? which covered Registrar denial of their contracted obligation to support Port 43 WHOIS access. more
The Number Resource Organization (NRO), acting as the Address Supporting Organization (ASO), today announced it has submitted correspondence to ICANN regarding the Internet Society's proposed transfer of ownership of PIR, the .org registry, to Ethos Capital. more
There are now several different courts of appeals that have upheld the right of individuals to post a non-commercial website using the domain name www.company.com, and there are as yet NO appellate decisions that forbid such websites outside the context of the serial cybersquatter who tries to erect a so-called gripe site as a CYA measure after being sued. In fact, it seems to me that we are getting close to the point where companies that sue over such websites have to consider seriously the possibility that they will not only lose the suit, but face a malicious prosecution action... more
The domain industry media was abuzz last week with speculation that tech giant Apple may be gearing up to launch its .apple brand TLD. Rumours began when it was discovered that Apple registered 29 .com domain names that to the untrained eye, appear to be strangely worded. These include the likes of imovieapple.com, macbookproapple.com and ipadapple.com, providing hope to many industry pundits that they could potentially be defensive registrations designed to protect Apple from losing traffic when it begins to utilise its .apple TLD. more
You may have seen a new proposal for a "mobile" top-level domain name for use by something called "mobile users" whatever they are. (The domain will not actually be named .mobile, rumours are they are hoping for a coveted one-letter TLD like .m "to make it easier to type on a mobile phone.) Centuries ago, as trademark law began its evolution, we learned one pretty strong rule about building rules for a name system for commerce, and even for non-commerce.
Nobody should be given ownership of generic terms. Nobody should have ownership rights in a generic word like "apple" -- not Apple Computer, not Apple Records, not the Washington State Apple Growers, not a man named John Apple. more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
I wrote this history and analysis of domain tasting for the ICANN Business Constituency membership. It's by no means perfect but I thought I'd share it with those who would like a bit more color on the subject. "Present day 'Domain Tasting' has its roots in 2001 and 2002 when a small group of ambitious domain registrants persuaded two registrars to allow them to register large blocks of domain names for the purpose of establishing which names garnered type-in traffic..." more
In a move that flies in the face of established international guidelines, the New York Senate is pushing through a bill that would forbid registering the name of a living person with the purpose of selling the domain to that person. The New York Senate's bill is called "domain names cyber piracy protections act" and is championed by State Senator Betty Little (S2306). Generally speaking, registering a person's name solely to sell the domain to that person is a losing cause in UDRP arbitrations. But the New York bill is scary for a few reasons... more
One topic does not appear to have a compellingly obvious localization solution in the multi-lingual world, and that is the Domain Name System (DNS). The subtle difference here is that the DNS is the glue that binds all users' language symbols together, and performing localized adaptations to suit local language use needs is not enough. What we need is a means to allow all of these language symbols to be used within the same system, or "internationalization". more
It's no surprise that Google has been sued again for trademark infringement, but the basis of this lawsuit is surprising. Rather than another lawsuit over the sale of trademarked keywords to deliver ads (along the lines of the GEICO, American Blinds, Rescuecom and JTH Tax cases, or the dozens of international lawsuits), this lawsuit is based on a Blogspot blog URL. Because of its comparative novelty, this lawsuit raises some complex and unsettled legal issues. more
Last week Sen. Snowe filed bill S.2661, the Anti-Phishing Consumer Protection Act of 2008, or APCPA. While its goals are laudable, I have my doubts about some of the details. The first substantive section of the bill, Section 3, makes various phishy activities more illegal than they are now in its first two subsections. It makes it specifically illegal to solicit identifying information from a computer under false pretenses, and to use a domain name that is deceptively similar to someone else's brand or name on the web in e-mail or IM to mislead people... more
For the last couple years the domain aftermarket has been hot again, we're seeing valuations not seen since bubble1.0, which saw valuations like 7 million dollars for business.com and 4 million for drugs.com. The TechWreck was induced by the NASDAQ crash of 2000 and the fun was over for awhile. What differentiates this bubble in the domain aftermarket from Bubble 1.0 is domain parking and monetization... The interesting thing is since then, the multiples on domain names have outstripped the multiples on developed websites. To me, this is the equivalent of the "inverted yield curve" that portends economic recessions. more
The NIS Cooperation Group has released critical guidance for the implementation of Article 28 under the NIS 2 Directive, focusing on registration data accuracy obligations for top-level domain (TLD) registries, registrars, and related services in the EU. more
In early 2012, in order to promote Choice, Competition and Innovation, ICANN opened its doors to allow organizations to apply for new Top Level Domains. In spite of a complex and costly application process, ICANN received a very large number of applications: In total, 1,930 applications were received, of which 675 were brands applying for a closed new gTLD, a dot brand. more
I have discovered that VeriSign's SiteFinder service breaks Microsoft's Outlook and Microsoft's Outlook Express email readers as well as many of the standard Windows Networking Utilities by providing misleading error messages, temporary lockups, and incorrect status information. more
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