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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
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... 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
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
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
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
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
Decentralization is exciting. Headline-grabbing, even. After all, in a world where frustration levels are sky-high and rising, it should not come as a shock that many individuals are willing to embrace what we might call "anti-system solutions." Decentralized solutions, in our case, which come with the ambitious promise of providing everything their centralized counterpart can provide but without centralized points of failure and regulations. In our previous article, we enumerated several advantages associated with decentralized domain names. more
The great promise of the new gTLD programme is not that it will spawn dozens of .COM clones, but rather that it will lead to the creation of a global constellation of unique names embraced by specific interest groups. As an ICANN community, our challenge now is to ensure that the policy framework we've created to manage new gTLDs advances that vision by not penalising the very sorts of domains that the programme was designed to encourage. 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
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
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
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
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