Domain Names

Questioning the Illusion of Internet Governance

I confess, I don't get it. Much has been written about the apparent desire by the United Nations, spurred by China, Cuba, and other informationally repressive regimes, to "take control of the Internet." Oddly, the concrete focus of this battle -- now the topic of a Senate resolution! -- is a comparatively trivial if basic part of Net architecture: the domain name system. The spotlight on domain name management is largely a combination of historical accident and the unfortunate assignment of country code domains like .uk and .eu, geographically-grounded codes that give the illusion of government outposts and control in cyberspace. more

In Rem Domain Name Proceeding: Sometimes “may” Means “must”

Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more

Demystifying Art. 28 NIS2

On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

NIS 2.0 and Its Impact on the Domain Name Ecosystem

I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more

Internet Governance and Diplomacy

Developments in modern international relations have shown that traditional diplomacy is not capable of sufficiently addressing complex new issues, for example, the environment, health protection, and trade. Governance of the Information Society and the Internet is probably one of the most complex international issues facing diplomacy today. Issues surrounding the Information Society require a multi-disciplinary approach (the various concerns include technology, economy, impact on society, regulatory and legal issues, governance and more); a multi-stakeholder approach (various actors are involved, including states, international organizations, civil society, private sector, and others) and a multi-level approach (decision-making must take place on different levels: local, national, regional and global). Diplo has developed a research methodology which takes all of these approaches into account. Post includes illustration from Diplo Calendar 2004. more

Remarkable Internet History: Equifax Invented .COM in 1975

Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more

Forgotten Principles of Internet Governance

Suddenly internet governance has become a hot topic. Words and phrases fly back and forth but minds rarely meet. We do not have discussion, we have chaos. We are not moving forwards towards a resolution. It's time to step back and review some basic principles. 1. Principle: The internet is here to serve the needs of people (and organizations of people); people are not here to serve the internet. Corollary: If internet technology does not meet the needs of users and organizations than it is technology that should be the first to flex and change. more

Domain Name Abuse Is a 4 Letter Word

There has been a lot of back and forth recently in the ICANN world on what constitutes domain abuse; how it should be identified and reported AND how it should be addressed. On one side of the camp, we have people advocating for taking down a domain that has any hint of misbehaviour about it, and on the other side we have those that still feel Registries and Registrars have no responsibility towards a clean domain space. (Although that side of the camp is in steady decline and moving toward the middle ground). more

Meeting Growing Demands of Domain Name Space

This post will explain why ICANN and the domain industry should foster and encourage the use of third-level domain name spaces to benefit the domain name industry and as a way to meet the growing demand for easy-to-remember URLs. ...The Internet was originally envisioned to be hierarchical in nature. The Domain Name System came into being out of a need for easy-to-remember network addresses. ...Although benefits have come out of the creation of the new TLDs, a simple, obvious, important, existing solution is largely being overlooked by the domain name industry... more

The Rise of Cyrillic Domain Names

This week, on a cruise ship navigating Russia's Neva river, around 250 domain registrars and resellers are gathered for the RU-CENTER annual domain conference. RU-CENTER is the largest Russian registrar in a market that is dominated by three companies. RU-CENTER and competitor Reg.Ru both manage around 28% of domains registered in the country's national suffix... RU-CENTER is also a figurehead for Russia's drive to make Internet use more palatable for those who are not natural ASCII writers. more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. more

The Ever-Evolving Problem of DNS Abuse

For several years, many within ICANN circles have raised concerns about the escalating nature of domain name system (DNS) abuse. While some strides were made toward a safer DNS, new data - this time from a comprehensive study of DNS abuse by the European Union - demonstrates that abuse remains a frustratingly obstinate problem that requires urgent attention. We've seen some registries and registrars testing innovative industry-led initiatives in an effort to address the issues. more

The Digital Marketing & gTLD Strategy Congress Announces Keynote, Speakers, Initial Partnerships

The Digital Marketing & gTLD Strategy Congress has made the following announcement for the keynote, speakers, initial sponsors, partners and dates for the inaugural event taking place March 11 & 12, 2013 in New York City. more

Searching Under Lampposts with DKIM

Email is a complex service and email abuse adds confusing deceptions. Worse, like postal mail and even telephone service, Internet mail is inherently open, flexible and even anonymous, making things much easier for abusers. Bad actors hide their true identity and their true purpose. Most other communication tools for users also are also quite open, and problems with email are being replicated elsewhere, such as instant messaging and social media. more