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Cluck, Cluck… ICANN and Contract Compliance Enforcement

I've always been a fan of co-ops. In New York, we shop at greenstar.coop and my wife banks at alternatives.coop, in the UK we shop at co-operative.coop. So when the .COOP domain opened, I wondered if I could get my own clever domain name, but found that chicken.coop was taken by a small producer co-op in the southern U.S. Drat. more

Study Suggests Introduction of New gTLDs Will Cost Less than $.10 for Each Trademark Worldwide

Minds + Machines reports: "A quantitative analysis of UDRP data for all open generic Top-Level Domains (gTLDs) concludes that the introduction of new gTLDs will result in approximately 316 new cases of cybersquatting, and that the resultant cost to trademark holders, overall, will be $870,000 per year -- less than less than $.10 for each trademark registered worldwide, or about $.44 per trademark registered in the United States. The data show that cybersquatting correlates to registration volume across all open gTLDs, not to the number of gTLDs, but is more prevalent in .com." more

Do Not Enter, It’s .XXX Again

There soon will be a central place for Web surfers to dwell in a forbidden cyber land of adult fantasies, sex, dark rituals and total taboos. Finally, ICANN has given in to the pressure and has tossed a big rock across the turbulent e-commerce ocean. It has approved a new suffix, .xxx, for adult-only porn sites, creating ripples and debates in ever so confusing global cyber branding times when cyber global domain name challenges are being fought in the complex earthly trademark realities. Three things are bound to happen. more

VeriSign’s New Security Seal Too Trusting?

On November 4, 2003, VeriSign announced a new "trust enhancing" seal which they built using Macromedia's Flash technology...While there are problems inherent to VeriSign's approach that call into question their understanding of "The Value of Trust," there are ways they could have made this particular implementation less trivially spoofable. The flaws I demonstrate on this page are flaws in the concept and the execution rather than anything inherently flawed in Flash. Overall this kind of graphical "trustmark" is extremely easy to forge just by recreating the artwork. But in this case, you don't even have to do that. The seal can still be called directly off the VeriSign servers, yet it is easily modified, without recreating artwork, and without doing anything untoward with VeriSign's servers! more

Who is ICANN and Where Does it Fit With Internet Governance?

You'd be surprised how many people are asking that question at the moment, but you won't be surprised to know that the only thing they agree on is that they either don't know, or that they disagree with the people that believe they do. I am not going to attempt to provide my own answer, but I will point to a paper just released by the Parliamentary Office of Science and Technology (POST). POST, among other things, produces regular, concise briefings for the UK Parliament on whatever are the important topics of the time. And they have now done one on Internet Governance. more

New Book on Domain Name Regulation

My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more

Survey of Global Internet Jurisdiction

The American Bar Association/International Chamber of Commerce (ABA/ICC) recently released a survey on global Internet jurisdiction. The survey, co-chaired by Professor Michael Geist, involved nearly 300 companies in 45 different countries. It found that U.S. companies were far more concerned and pessimistic about Internet jurisdiction risk than European and Asian companies. The study has also found that an "Internet jurisdiction risk toolkit" is emerging where companies target low risk jurisdictions and take steps to avoid doing business in perceived high risk jurisdictions. more

Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?

This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more

It’s “Verisign vs. Users”

But even if the collateral damage is left out of the picture, the very idea behind SiteFinder is user-unfriendly, and that's the second half of the ALAC's note: SiteFinder is, ultimately, about short-cutting other error handling methods, and redirecting any users that enter non-existing domain names into a web browser to Verisign's own service, for commercial purposes. SiteFinder is designed so it becomes difficult to deploy superior error handling services that would compete with it -- because errors aren't flagged. more

Registrant Freedom Day

After almost four years, ICANN has announced that they have adopted a new domain name transfer policy that make it much easier for domain name registrants to do business with the ICANN accredited Registrar of their choosing. Highlights from this new policy include; streamlined definition of responsibilities as it relates to the management of the domain name. Under the new policy, only the Administrative Contact or Registrant can authorize a domain name transfer to a new service provider... more

Analysis of the IDN New gTLD Applications

There has been a lot of excitement since ICANN revealed the list of 1930 applications for new gTLD yesterday at an event in London yesterday. Even some of the strongest opponents of the ICANN's new gTLD program have acknowledged there is a case to open up new gTLDs for Internationalized Domain Names (IDNs). I am going to focus here on the analysis of the IDN applicants. more

Swedish Regulator Bans Inclusion of Letters “b”, “a”, “n”, “k” in Domain Names Under .SE

Swedish Regulator PTS have today notified .SE, the Swedish (.SE) TLD registry that they have to change the rules... In short, the decision implies that any form of the sequence of the characters "b", "a", "n", "k" are illegal in domain names in Sweden. Further that checks of what domain names are registered are to be checked before registration. more

Finding Good ICANN Board Candidates

In the late summer of 2006, the ICANN Nominating Committee will convene to select three members to the ICANN Board of Directors, and four members to various councils. Depending on the global visibility of the nominees, and the current political and technical currents pulling at the Internet community, these nominations will be both pilloried and lauded in different circles. This process of selecting a good ICANN board member is astonishingly complex; I should know, having served on the founding NomCom in 2003, and the succeeding NomComs in 2004 and 2005. By far the biggest challenge is finding good candidates... more

The Future of Domain Name Dispute Policies: The Journey Begins

A just-launched ICANN "working group" (of which I am a member) will - eventually - help to determine the future of the Uniform Domain Name Dispute Resolution Policy (UDRP), the 17-year-old domain name arbitration system that has been embraced by trademark owners and criticized by some domainers; as well as the Uniform Rapid Suspension System (URS), the new (and limited) arbitration process that applies to the new gTLDs. more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more