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ICANN will not act as judge and jury in copyright disputes. TorrentFreak reports: "In a letter to the president of the Intellectual Property Constituency, ICANN chief Stephen Crocker says that ICANN is neither 'required or qualified' to pass judgment in such cases." more
Heads of 20 or more gTLD registries will meet privately this month to discuss various topics including the possibility of a reduction in their ICANN fees. more
When last we wrote, trademark lawyers had written an outraged letter to ICANN about the $2500 price to preregister trademark.sucks names, and ICANN, reliably panicking in the face of legal threats, wrote to the US Federal Trade Commission and Canadian Office of Consumer Affairs saying please tell us that's illegal so we can shut down this registry with whom we just signed a long-term contract. (The mysterious $1 surcharge turned out to be a weak attempt by ICANN to collect debts that affiliates of registry owner Momentous defaulted on long ago.) more
One of Rightside's missions is to help registrars, resellers, and domain specialists grow their business. As the domain industry once again convenes at NamesCon, it's important to discuss what we've been doing (what worked, what didn't) and still must do to build global awareness for new domain names. From a technological perspective, I think the tools and services being offered have never been faster, more stable, or secure. What I want to explore is not on the technical side of the business, but on the marketing side, and that's the opportunity presented by complementary domains. more
ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more
It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more
Is the new ".tel" domain launching today more than just a pretty web interface to DNS? Is it something really unique? Is it a new service that couldn't be easily replicated elsewhere? In case you haven't been following the subject, a company called Telnic has launched a new top-level DNS domain ".tel" today. Today, December 3rd, is the launch of the "Sunrise" period where companies can (for a high price) obtain the ".tel" domain associated with their trademark. more
Coalition for Responsible Internet Domain Oversight, or CRIDO, released a plan they called a "peacemaker" three days before the Jan. 12th, 2012 launch, which would allow brands to begin the ICANN application process but would allow organizations and companies the opportunity to place their brand names, without cost, on a temporary "do not sell" list. ICANN so far has not responded to the "do not sell" list, and CRIDO is getting restless and threatening lawsuits. more
Managing the risk of third parties has become a compliance focus for many large organizations. Companies even work with third-party service providers and external vendors just to manage this risk. The recent SolarWinds attack escalates the critical need for chief compliance officers to collaborate with their business counterparts to identify and mitigate potentially unknown threats that lie within third-party supply chains. Yet how can companies manage this risk when it's not if but when you're attacked? more
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
During ICANN71, the Brand Registry Group (BRG) openly asked potential future applicants what ICANN can do to help prepare them for the next gTLD round. The answer was very clear - commit to opening the next round and provide as much information as possible early on. However, in recent correspondence to the BRG from ICANN Chair, Maarten Botterman, he emphasized that "significant work lies ahead of us: the 2012 Applicant Guidebook must be updated with more than 100 outputs... more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
The Internet Corporation for Assigned Names and Numbers (ICANN) has officially reserved the top-level domain ".INTERNAL" for private-use applications. This decision follows years of technical evaluations, public consultations, and inter-organizational discussions. more
NTIA released a statement today announcing the agreement reached to extend and modify Verisign's Cooperative Agreement. more
Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more