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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
Because domain names represent the online identity of individuals, businesses and other organizations, companies and organizations large and small have expressed increasing concern over reports of "domain name hijacking," in which perpetrators fraudulently transfer domain names by password theft or social engineering. The impact of these attacks can be significant, as hijackers are typically able to gain complete control of a victim's domain name - often for a significant period of time. more
In this two-part series article, Andrew McLaughlin takes a critical look at the recently reported study, Public Participation in ICANN, by John Palfrey, Clifford Chen, Sam Hwang, and Noah Eisenkraft at the Berkman Center for Internet & Society at Harvard Law School..."The study's presentation and analysis of data contain much of interest, and much that could assist ICANN (and other policy-making bodies) in improving its use and management of online public forums. But the study's value is diminished by two rather fundamental shortcomings: (1) its misapprehension of both the theory and the practice of ICANN's policy-development process, and (2) the sizeable gap between the broad scope of the study's conclusions and the very narrow -- indeed, myopic -- focus of the analysis from which they are derived. Simply put, the study scrutinizes a small and misleading corner of ICANN (namely, its online public comment forums) and leaps to a sweeping (and, in my view, unwarranted) conclusion." more
Unlike ICANN, the National Telecommunications and Information Administration (NTIA) responded graciously, promptly and substantively to inquiries from the Center for Regulatory Effectiveness (CRE) regarding governance of the internet. CRE sent a letter to NTIA in mid-March asking about public access to documents prepared by ICANN under Memorandum of Understanding (MOU) with NTIA. NTIA provided a quick and clear response to CRE's questions. NTIA also reiterated its commitment to achieving transparency and accountability in ICANN's processes. NTIA's response to CRE, although clear and comprehensive, raised a number of important questions about ICANN and their governance of the internet. more
With cybercrime on the rise, companies in 2021 have experienced increased ransomware attacks, business email compromise (BEC), phishing attacks, supply chain attacks, and online brand and trademark abuse. While domain cyber risk is rising, the level of action being taken by Forbes Global 2000 companies to improve their domain security posture has remained unchanged, leaving these companies exposed to even more risk. The risk of not addressing your domain security can be catastrophic. more
Question: why has air travel become so painful? Because the threat posed by bad actors requires making everyone jump through hoops before letting them board a plane. To the point that, despite obvious requirements to ensure air safety, some are now openly questioning if the cure is not worse than the disease. Registering a domain name could be about to go the same way. more
Well, I have remained silent on this issue for now -- mainly because of conflicts. I was one of a few members of the technical advisory group asked by VeriSign to look at Site Finder and ask the questions -- what does it add, what does it break, and how can we fix anything it breaks? The scope of the group was unlimited by any VeriSign edict and the members were of impeccable individual credentials. This group has now completed its work so I feel able to comment. more
Responding to the .xxx intervention by the US Commerce Department, the Internet Governance Project has produced a "STATEMENT OPPOSING POLITICAL INTERVENTION IN THE INTERNET'S CORE TECHNICAL ADMINISTRATIVE FUNCTIONS." You can view the statement here and add your name as a signatory at the bottom. Over 60 people have endorsed it. The Statement claims that "The NTIA's recent intervention in the .xxx proceeding undermines assurances" that the U.S. government's special unilateral authority over ICANN "would never be used to shape policy but was only a means of protecting the stability of the organization and its processes." The NTIA's open acknowledgment of the influence of religious groups made the intervention particularly dangerous. more
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
Legal Corner Press, LLC recently announced the publication of Domain Name Arbitration: Asserting and Defending Claims of Cybersquatting Under the Uniform Domain Name Dispute Resolution Policy, authored by Gerald M. Levine, intellectual property attorney, with Foreword by Hon. Neil A. Brown QC, former member of the Australian Parliament and a UDRP panelist. more
The WIPO Arbitration and Mediation Center on Monday announced it had registered its 50,000th "cybersquatting" case. The 50,000th case just received by WIPO coincides with the organization's 20th anniversary on November 20, 2020. more
Jacuzzi, Inc., owner of rights in the mark JACUZZI, challenged the domain name jacuzzi.net.au in this first WIPO decision involving the .au domain. The Australian respondent had used the JACUZZI name for nearly 15 years. more
Today, I share a warning about serious changes to the Community Priority Evaluation (CPE) of the New gTLD Applicant Guidebook. They are not driven by public comment, but by a few voices within the SubPro Implementation Review Team - and they are very likely to lead to disastrous misappropriation of well-known community names, including those of Tribes, Indigenous Peoples and NGOs around the world. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
This is an interview with Cyril Fremont, the first French entrepreneur to have acquired a new generic Top-Level Domain (gTLD). We long waited for innovation in the new gTLD industry and reading between the lines of this interview, one will understand that the reason behind this acquisition is "not" to sell domain names - the way registries do it in 2018. If ".Best" domains remain open to all here, this registry is planning to create innovative projects that will be launched in the near future with some possibly big surprises. more