Domain Names

US Senate Committee Holds Hearing on ICANN’s New TLD Expansion

As previously noted, the U.S. Senate Committee on Commerce, Science, and Transportation today held a full committee hearing on ICANN's expansion of top level domains (TLDs). The hearing was held to examine the merits and implications of the program and ICANN's efforts to address concerns raised. ICANN will begin accepting applications for new TLDs on January 12, 2012. more

The Pulse of the Domain Industry: Sentiment Trends From the 2025 Survey

The 2025 domain sentiment survey reveals cautious optimism amid rising AI demand, new regulations, and a resurgent market. With security gaps and DNS shifts in focus, the industry's next chapter hinges on strategic adaptation. more

How the Registrar Cash Flow Model Could Collapse with New ICANN gTLDs

New top-level domain applicants are getting plenty of advice nowadays about how to launch their new Registry. In addition to thinking about their branding and distribution, they should also be thinking about their business practices with Registrars. What many of them do not realize is that their cash flow practices, with respect to Registrars, may be a factor of whether ICANN Registrars even support their Registry. more

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more

ICANN Can’t Take Care of Everything

Bruce Young tells a story of an Internet user who gets into trouble because "his" domain name was registered in the name of a web hosting provider that went bankrupt later on...As far as registrars are concerned, ICANN is currently doing its homework on domain name portability. As far as web hosting companies are concerned, though, these suggestions only look appealing at first sight. Upon closer inspection, they wouldn't be good policy... more

The Rise of a Secondary Market for Domain Names (Part 4/4): Facilitating the Secondary Market

The defining of rights in the UDRP process is precisely what WIPO and ICANN contemplated, but it is unlikely they foresaw the destination of the jurisprudence. Since its inception, UDRP Panels have adjudicated over 75,000 disputes, some involving multiple domain names. (These numbers, incidentally, are a tiny fraction of the number of registered domain names in legacy and new top-level domains, which exceeded 320 million in the first quarter 2017). more

Information Protection for the Domain Name System: Encryption and Minimization

In previous posts in this series, I've discussed a number of applications of cryptography to the DNS, many of them related to the Domain Name System Security Extensions (DNSSEC). In this final blog post, I'll turn attention to another application that may appear at first to be the most natural, though as it turns out, may not always be the most necessary: DNS encryption. (I've also written about DNS encryption as well as minimization in a separate post on DNS information protection.) more

You Just Signed a Registry Contract With ICANN. What Are Your Plans?

Back on February 4, 2013, I wrote a CircleID post entitled 'How the registrar Cash Flow Model Could Collapse with New ICANN gTLDs.' My key point back then was this: new gTLD applicants need to be mindful of how the cash flow policies of their registry (and of their back-end service provider) could impact whether their TLD is actively promoted by ICANN registrars... registries have historically assumed near-zero risk. This is going to change. more

ICANN’s At-Large Process: Exit, Without Voice

ICANN seems to be out to re-prove Hirschman's theories of exit, voice, and loyalty by driving all of its good people to exit rather than giving them meaningful voices. Thomas Roessler, a long-time advocate of individual users' interests on the interim ALAC now suggests it's Time to Reconsider the structure of ICANN's At-Large, as he feels compelled to promise himself not to get involved with ICANN again... more

Interview: Antony Van Couvering on the New TLD Opportunity

I recently caught up with a former colleague Antony Van Couvering. Many here on CircleID probably know him, he's been active in the domain name business since the late 1990's. With the new Top-Level Domain (TLD) issue so white hot and with Antony's firm right in the mix, I thought it was time to get his take via an interview. If anyone has questions (or challenges perhaps?) to anything below, I'm happy to forward to Antony for a response. more

Law Enforcement Agencies Will Have Authority on Registries and Registrars

Accessing Whois information and acting on a litigious domain name is becoming a nightmare for law enforcement agencies. Law enforcement agencies must have an access to the information provided by registrants in the Whois database and, in specific cases, have authority to act FAST on a domain name. The EU has a solution for this and it's coming in 2020. more

Ongoing Internet Emergency and Domain Names

There is a current ongoing Internet emergency: a critical 0day vulnerability currently exploited in the wild threatens numerous desktop systems which are being compromised and turned into bots, and the domain names hosting it are a significant part of the reason why this attack has not yet been mitigated. This incident is currently being handled by several operational groups. This past February, I sent an email to the Reg-Ops (Registrar Operations) mailing list. The email, which is quoted below, states how DNS abuse (not the DNS infrastructure) is the biggest unmitigated current vulnerability in day-to-day Internet security operations, not to mention abuse. more

New Regime for Registration of .fr

Association Francaise pour le Nommage Internet en Cooperation ("AFNIC"), the domain name authority managing the French country code top level domain, is introducing a new regime for registration of .fr domain names. Among the main changes, the new regime abolishes any "right to the name". Until now an applicant for registration of a .fr domain name must prove that the domain name reflects its company name, business name or trade mark that is in force in France. more

Searching for the Meaning of “Registers” in the Anticybersquatting Consumer Protection Act (ACPA)

Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the keywords in the Anticybersquatting Consumer Protection Act (ACPA), is still in the process of definition. Its statutory context provides that a domain name registrant is liable to the owner of a mark if “it has a bad faith intent to profit from that mark … and (ii) registers, traffics in, or uses a domain name [corresponding to a mark] that … is distinctive at the time of registration of the domain name [and] is identical or confusingly similar to that mark. more

Anticompetitive and Predatory Misconduct by ICANN and Contracted Parties Must End

On May 26, 2021, I submitted a complaint to ICANN's Complaints Officer, Krista Papac. In a nutshell, my complaint centers on ICANN's blatant violation of its Bylaws, specifically Section 2.2, named Restrictions, which expressly prohibits ICANN from acting as a registrar. However, despite the absence of any exceptions to this unambiguous prohibition, ICANN is acting improperly as a registrar for the purposes of warehousing and cybersquatting on certain domain names in the .com and .net registries. more