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Although, undoubtedly, it is disappointing, it is not surprising that after four years of experimenting with Internet governance, the first corporate entity to take on the ambitious task -- the Internet Corporation for Assigned Names and Numbers (ICANN) -- has not achieved the legitimacy of a global consensus-based manager of the Internet's domain name system. Simson Garfinkel explains, in his insightful piece in the March 2003 issue of Technology Review, that it has become conventional wisdom that "ICANN serves as a model for systematically shutting the public out" of its policy making activities. It should go without further explanation that the ICANN model is a particularly bad governance model, if consensus-building is supposed to be the corporation's linchpin of legitimacy. Among a few other concerns, ICANN, unmistakably, suffers from power-sharing phobia. more
In a move, unprecedented in scale, ISOC moved to sell PIR, the registry for .ORG, to a for-profit entity which intends, in turn, to convert PIR into a for-profit entity itself. This move has, understandably, raised concerns from around the Internet community and cast a bright light on ICANN, the nature of its contracts with Registries and the responsibilities of the ICANN Board... As the Vice Chair for Policy of the At-Large Advisory Committee (ALAC), I've tried to navigate a consensus involving ALL of those parties because of our diverse membership. more
A recent trend in the Japanese web advertising market may presage changes that could come to the Western world. ...some advertising in Japan now includes a picture of a filled-in browser search box instead of a domain name. The idea is that an advertiser can buy top-of-page advertising at the main search engines for various terms and then suggest to people reading their print ads to use those terms to search. more
Igor Schegolev, the Russian Minister of Telecom and Mass Communications spoke at the opening of the InfoCom 2008 exhibition in Moscow. Among other things, which made news (for example, that the Russian government will be implementing a free and open source based operating system on all computers in the Russian schools), he also made the following remarks - translated by me in English. more
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
We've previously noted here the challenge of dealing with domain name disputes based on personal names, particularly in the political arena. Now that the campaigns are over and all are taking a deep breath, we can reflect back on one of the domain name disputes arising in the political campaign this year for the office of State's Attorney in Will County Illinois. more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
Last week, The New York Times website domain was hacked by "the Syrian Electronic Army". Other famous websites faced the same attack in 2012 by the Hacker group "UGNazi" and, in 2011 by Turkish hackers. Basically, it seems that no Registrar on the Internet is safe from attack, but the launching of new gTLDs can offer new ways to mitigate these attacks. more
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
OK. Now my lawyer has given me the green light, I can officially announce I am working on a proposal for a .sport TLD, to be submitted to ICANN for consideration as a new TLD next year. There is still a long way to go in terms of getting the proposal ready, but I this this one is a winner... more
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
The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more
Last month I published an article called "What's Driving Spam and Domain Fraud? Illicit Drug Traffic" which explained how the many of the troublesome online crime issues are related to the online sale of narcotics and dodgy pharmaceuticals. Since this article was published we have witnessed one of the largest international law enforcement efforts against online drug traffic (Operation Pangea II)... more
Brownian motion is the ceaseless random movement of particles suspended in a warm fluid. The particles move because they are buffeted by random collisions with molecules and atoms speeding this way and that under the impetus of heat. The greater the heat, the greater the motion. But no matter how much motion and how much heat, Brownian motion brings no progress.
Today I learned from Bret Fausett's ICANN Blog that ICANN has just published its Sixth Status Report Under ICANN/US Government Memorandum of Understanding, dated March 31, 2003. This report is subtitled "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding" (emphasis added.) more
I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more
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