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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
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
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
The secondary domain market has gone from one extreme to another. First, huge sums were paid for some domains, raising the expectations of domain sellers. Now, however, in many cases the corporate sector expects to pick up a domain for next to nothing in comparison with the domain's immediate sales and long-term investment potential. In my opinion, both situations are unrealistic. more
On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more
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
January 2014. The first registry contracts have been signed. The first Sunrise priority registration periods have been opened. The new gTLD program is well on the way. So maybe now, at last, we can start to find out the real costs of opening up the Internet root? And how much revenue doing so has brought ICANN! Short answer: ICANN has taken in USD 344.958 million from the first round of new gTLD applications. The figure comes from the first of ICANN's quarterly financial statements, covering the three months up until September 30th. more
A recent study took an in-depth look at the scale and the risk of domain name typosquatting -- the practice of registering mis-spellings of popular domain names in an attempt to profit from typing mistakes. "Applying every possible one-character typo to the domain names of Facebook, Google, Twitter, Microsoft, Apple and Sophos," Paul Ducklin, Sophos' Asia Pacific head of technology collected HTTP data and browser screenshots from 1502 web sites and 14,495 URLs. In this report, Ducklin analyses the data revealing unexpected results within the typosquatting ecosystem. more
If you've been following the new Top-Level Domain (TLD) process within ICANN over the last year or so you will have probably been aware of how slow and tortuous development has been. To recap, ICANN, which oversees domain names globally, announced that it was "opening up" the internet so that "anyone" could get the domain extension they wanted. Of course it's not really "everyone" and the process to date has been far from smooth. more
Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more
I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
By publishing a draft Registrar Accreditation Agreement (RAA) for public comment before it has been agreed on by both parties, has ICANN dealt the bottom-up multi-stakeholder model a blow? ICANN Staff and the registrars have been negotiating a new version of the RAA for the past 18 months following requests by Law Enforcement Agencies (LEA) such as Interpol for greater consumer protection. With both ICANN and registrars working hard, by early this year agreement had been reached on 11.5 of the 12 LEA "asks". A deal looked close. more
As a search engine optimization (SEO) and domain name consultant, one of the questions I get asked most often about domain names is whether or not the domain name or TLD (Top-Level Domain) matters. Will the domain name ending have an effect on SEO or search engine rankings. Are certain domain name endings preferred by the search engines over other domain name extensions? I decided to answer this question... more
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
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
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