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New gTLDs and Their Hidden Costs: Part 2

In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection." more

Who Contacts Whom: A Material Factor in Selling Domain Names Corresponding to Trademarks

Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more

Universal Acceptance of All TLDs Now!

Universal acceptance of top level domains hasn't really meant much to most Internet users up until now. As long as .COM was basically the default TLD, there wasn't much of an issue. No longer. With 263 delegated strings (according to ICANN's May 12, 2014 statistics) adding to the existing 22 gTLDs that were already live on the net after the 2004 round of Internet namespace expansion, the problem of universal acceptance gets very real. more

IPv6 and DNSSEC Are Respectively 20 and 19 Years Old. Same Fight and Challenges?

A few weeks ago I came across an old interview of me by ITespresso.fr from 10 years back entitled "IPv6 frees human imagination". At the time, I was talking about the contributions IPv6 was expected to make and the challenges it had to face. After reading the article again, I realized that it has become a little dusty (plus a blurred photo of the interviewee :-)). But what caught my attention the most in the interview was my assertion: "If IPv6 does not prevail in 2006, it's a safe bet that it will happen in 2007". Wow! more

What’s in a Name?

What's the difference between .local and .here? Or between .onion and .apple? All four of these labels are capable of being represented in the Internet's Domain Name System as a generic Top Level Domains (gTLDs), but only two of these are in fact delegated names. The other two, .local and .onion not only don't exist in the delegated name space, but by virtue of a registration in the IANA's Special Use Domain Name registry, these names cannot exist in the conventional delegated domain name space. more

Premium TLDs, Real Value for Money

There is an intrinsic value proposition to new gTLDs. They mean to give users fresh naming possibilities and provide more meaningful Internet addresses. And to do so at much reduced prices. Reduced prices? Really? This is where eyebrows start being raised. How so? Well before the advent of new gTLDs, few suffixes offered any real ability to differentiate. Users thus looked to the second level, not the top level, for a way to get their web addresses to stand out from the crowd. So began a vicious circle of value going to the limited number of meaningful second level names since at TLD level, the only string with any real equity was .COM. more

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

Instead of a New gTLD, Maybe There Ought to be an App for That

The conflicting yet co-existing anxiety and enthusiasm in support of expanded Internet territory -- those new generic Top-Level Domains (gTLDs) we have heard so much about -- may be misplaced. If the economic reports commissioned by ICANN are to be believed (non, nod, wink, wink), top level domains fall flat because they are either too tightly defined (.museum?) or lightly marketed (.aero?). Building a business plan to give a new gTLD the market and marketing reach it will need to succeed is a heavy lift. more

ICANN and the Data Quality Act: Part II

This is the second part of a multi-part series reported by ICANNfocus. This part discusses the congressional concerns regarding ICANN's governance of the Internet. "Since 1999 Congress has repeatedly expressed serious concerns regarding ICANN's governance of the internet. Congress has substantial responsibility for overseeing the key aspects of internet governance. Among its specific responsibilities, Congress has the duty to oversee implementation of the Department of Commerce's Memorandum of Understanding (MOU) and contract with ICANN." more

ICANN Board Resolutions May Enable New gTLDs to Potentially Launch in Fall

In an attempt to appease the Governmental Advisory Committee, ICANN's New gTLD Program Committee directed ICANN staff to amend the Registry Agreement so that all New gTLD Registries will be required to include a provision in its Registry-Registrar Agreement that requires Registrars to include in their Registration Agreement a provision prohibiting Registered Name Holders from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. more

The ‘Millennium Problems’ in Brand Protection

As the brand protection industry approaches a quarter of a century in age, following the founding of pioneers Envisional and MarkMonitor in 1999, I present an overview of some of the main outstanding issues which are frequently unaddressed or are generally only partially solved by brand protection service providers. I term these the 'Millennium Problems' in reference to the set of unsolved mathematical problems published in 2000 by the Clay Mathematics Institute, and for which significant prizes were offered for solutions. more

Please, Keep the Core Neutral

Many in the technical community attribute the rapid growth and spread of the Internet to innovation that took place at the "edge" of the network, while its "core" was left largely application neutral to provide a universal and predictable building block for innovation. It is this core neutrality that provides a basis for the security and stability of the Internet as a whole. And it is this same core neutrality that is critical to the continued spread of the Internet across the Digital Divide. Unfortunately, when the politics of censorship rather than solely technical concerns drive the coordination of these "core" Internet resources, it threatens the future security and stability of the Internet. This paper proposes a paradigm upon which all the governments of the world have equal access to these core Internet resources to empower them and their citizens with the rights acknowledged in the WSIS Declaration of Principles. more

Will VeriSign Be Able to Engage in Tiered Pricing for .com Soon?

According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more

Domain Registrars File Lawsuit Against ICANN

Members of the Domain Justice Coalition filed a lawsuit today requesting a temporary restraining order and other relief against ICANN to block the implementation of a domain name Wait Listing Service (WLS). The WLS was proposed by VeriSign, Inc. (pdf) and approved by ICANN in federal court in Los Angeles. The suit challenges ICANN's failure to comply with its internal decision-making process requirements when it approved implementation of the WLS in the face of opposition from domain name registrars, resellers and consumers. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more