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WHOIS Record Redaction and GDPR: What’s the Evolution Post-2018?

We all use the Internet daily. Practically every element of our reality has its equal in the virtual realm. Friends turn into social media contacts, retail establishments to e-commerce shops, and so on. We can't deny that the way the Internet was designed, to what it has become, differs much. One example that we'll tackle in this post is the seeming loss of connection between domains and their distinguishable owners. more

President of Tucows Responds to WLS Issue

I will try and take a different approach with this post. There are two elements of WLS that I think are most material and are not discussed often enough. They are i) the scope of the original NSI-ICANN contract and ii) the use of multiple accreditations.

...Verisign is paid a sum of money to perform a service. They own neither the primary nor the secondary data. I will not bore you with a recitation of various sections of the agreement nor with long-winded legal arguments. They are for another forum. The implication of this conclusion as it relates to WLS is that any re-registration market service is outside the scope of the original contract and should be treated as any new service should. more

SnapNames: Why the WLS is Better for Consumers

In 2002, VeriSign, the registry for .COM and .NET domain names, proposed the idea of a centralized, registry-level "wait list" for currently registered domain names. The system would let anyone around the world get "next in line" for a name that is registered now but may become available later.

This new registry service, titled Wait List System (or WLS), would augment what is now an ad-hoc group of registrar-level services that are useful, but aren't always fully dependable or even available to the general public. more

Looking at .Net Bids

ICANN is now seeking public comments regarding the .net bids. Unlike before, I am not going to offend one friend or another by siding with one proposal over another. They are all qualified and experienced registry operators. Instead, I will make some general observations. 1. None of the Revenue and Pricing Model (i.e. Section 4) about the bids are available to public... more

Garth Bruen Discussing Whois, DNSSEC and Domain Security

NameSmash has interviewed Garth Bruen, Internet security expert and creator of Knujon, on some key issues under discussion during the recent ICANN meetings in San Francisco. Topics include Whois, DNS Security Extensions (DNSSEC) and generic Top-Level Domains (gTLDs) -- issues of critical importance particularly with ICANN's expected roll-out of thousands of new gTLDs in the coming years. more

On the Hunt for “Critical Internet Resources”

I'm writing this column in November, and that means that it is time for the traveling circus known as the Internet Governance Forum (IGF) to come down to earth, unpack its tents and sell tickets for its annual song and dance routine. The script for this year's show has been changed, and after being excluded from the main arena last year at the Athens gig, the headline act of "Critical Internet Resources" is taking a starring role this year in Rio. Some folk are even saying that it is the single most contentious issue to be scheduled at this year's IGF show. So what are "Critical Internet Resources" anyway? If folks are going to spend all this time, energy and carbon emissions traveling to Rio to talk on this topic, then wouldn't it be helpful to understand what it means in the first place? There are probably a number of ways to answer this question, so in this heavily opinionated column I'd like to look at the range of possible answers to this question. more

No Barrier to Reading Across the Dot with New TLDs and Trademark Infringements

Even before the introduction of new top level domains in 2014, Panels had grappled with the before and after the dot issue with country code suffixes. The traditional procedure is to compare the characters of the accused domain names with the characters of trademarks for identity or confusing similarity. But this did not exclude the possibility of reading across the dot. more

New TLDs, Swiftly: This Is No Beauty Contest!

In response to ICANN's request for proposal (RFP) for the selection of new sponsored Top-Level Domains, Wendy Seltzer for the At-Large Advisory Committee (ALAC) urges ICANN to move quickly beyond "testing" to more open addition of a full range of new gTLDs in the near future and offers some general principles to guide that expansion. more

Changes to the Domain Name Marketplace

The new gTLD program and the introduction of 1200+ new domain name registries has significantly altered the marketplace dynamics. New domain name registries must navigate an environment that is, to an extent, stacked against them. This article recommends creation of some improvements and a general de-regulation of the marketplace to encourage innovation and promote its overall health. ICANN, or a combination of Registry Operators, should fund a brief, thorough study of the current marketplace because of the changes that have occurred from the original marketplace for which current regulations were developed. more

Will Uniform Rapid Suspension Be a Substitute for Defensive Domain Name Registrations?

Many law firms and Intellectual Property departments in charge of managing brands and domain names for their customers or businesses must have had that same question: "how do I protect a brand online under the ICANN new gTLD program?" The first potential answer that is usually offered up to an enquirer is: "the Trademark Clearinghouse does that". As time goes by, and the rules under which the Trademark Clearinghouse operates are better defined and understood this answer becomes clearly fallacious. more

What ICANN Can Learn from Humpty Dumpty

I have been an active participant in the ICANN "grand experiment" from the beginning. An experiment in which a private sector led organization was entrusted by the Internet community and governments to be a trustee of a global public resource. However, at no time during my twelve years of participation in ICANN have I been more concerned about the long term viability of this organization than I do now heading into the Singapore meeting. Failure of the ICANN Board to do the right thing in Singapore will have a profound impact on the future of the private sector led model. more

Is WLS the Right Mechanism to Protect Consumers?

The claim that the *only* way that reliable wait listing can be done by *the* registry is not true. The registrars could, as a technical matter, if they chose to do so, "wrap" the registry with a new entity that mediates all acquisitions and releases. Whether this accords with ICANN's hyper intricate contractual scheme or with laws against restraint of trade, I don't know.

Personally I consider WLS to be contrary to the idea that a contract contains an implied covenant of good faith and fair dealing - it seems to me that WLS violates that implied covenant - It is as if my doctor is selling contracts on parts of my body should I die while under his care. more

How to Keep Track of the New Generic Top-Level Domains (newgTLDs) Now Appearing Weekly

How do you keep track of what new generic top-level domains (newgTLDs) are now available? Particularly when there seem to be new ones being announced weekly? Because I've written about newgTLDs here previously, someone recently asked me those questions... Now, these are the newgTLDs that have been delegated by ICANN, meaning that they now appear in the "root zone" of DNS. This does NOT mean that you can go right now and register a domain underneath one of these new TLDs. more

Accepting New Top-Level Domains As Suffix-Less Cyber Brands

First off all, still unknown to the masses, this newly proposed $185,000 USD generic Top-Level Domain (gTLD) scheme is in reality a suffix-less, custom-made, designer, globally exclusive domain name. Well done ICANN, as it is what the world needs now. However, ICANN has never mentioned this special marketing feature to date, as this suffix-less quality alone brings a major and a very positive revolution in cyber branding architecture for the net savvy marketers and dramatically changes the global thinking which has been primarily locked into a suffix based mentality when trying to reach for anything on the net; what name and what suffix? more

Why Brands Need Their Own TLD - The Mulberry-Sale Site that Scammed Me

As a seasoned internet user, even an old 'Domainer', I was there when ICANN launched the first round of New TLDs. I remember the criticism we received from the media back then. We were invited to countless roundtable discussions, press conferences, and local internet events at which we were expected to answer the key media question: "Why are new TLDs necessary?" Dot BIZ, .INFO, and four more were the test bed new TLDs -- I represented .BIZ in EMEA. more