Domain Names

The ICANN gTLD Battlefield - The Fog of War

Concerning ICANN's new generic Top-Level Domain (gTLD) program, why is the Association of National Advertisers whose members spends 400 billion on their 10,000 brands so violently opposed? Bob Liodice President & CEO of ANA recently wrote an article "How to (Unnecessarily) Encumber The Internet And The Economy" in Forbes highly critical of ICANN but clearly missing the mark. This misunderstanding demands clarification, the fog is getting dense so let's explore some facts. more

RealNames’ Termination: More Catastrophic than Anticipated!

Microsoft is a special company. By definition, its operating systems and Internet browser are no longer just "applications;" they constitute a platform. They are - for 90 percent of Internet users - the sole interface to all Internet content and services. The browser is its own little monopoly. Such is its dominance that Microsoft has the power of life and death over innovation. more

Red Cross and Internet Governance with Cause

One of many controversies surrounding the introduction of new domain names is the special protection given, though a moratorium, to the Red Cross and Red Crescent Movement (RCRC) and International Olympic Committee (IOC). Although the RCRC and the IOC are discussed together, they are very different. more

Introduction Of A New Domain: The Sweden Way

Network Information Centre Sweden AB (NIC-SE), which is the organization that administers .se domain names, will be introducing a new regime for registration of .se domain names.

Under the new regime, applicants from all over the world will be able to apply for registration of a .se domain name without needing to prove that the desired domain name reflects a company or organization name. There will no longer be preliminary examination of applications for registration of .se domain names nor any restriction on the number of .se domain names per applicant. It will also be possible to register geographical names as .se domain names. However, non-Swedish applicants (those without a permanent business place or address in Sweden) must provide a local contact (i.e. person or entity who is permanently resident in Sweden). more

GoDaddy Lists Controversial ‘.sucks’ Domain: Brands Advised to Bolster Monitoring

The '.sucks Top Level Domain (TLD), by Vox Populi, which initially faced criticism from brands due to its launch fee of $2,499 is now listed on the world's largest domain registrar, GoDaddy. more

Fair Use Incorporating Trademarks in Domain Names

The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech. more

ICANN’s Tax Exemption Requires Updated Review

In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then. more

Building a Better WHOIS for the Individual Registrant

Today, anyone can use WHOIS to identify the organization or person who registered a gTLD domain name, along with their postal address, email address, and telephone number. Publishing this data has long been controversial, creating a system riddled with problems. On one hand, anonymous access to all WHOIS data enables misuse by spammers and criminals and raises concerns about personal privacy. On the other hand, incomplete or false WHOIS data prolongs Internet outages and leaves crime victims with little recourse. more

Attacking the Multi-Stakeholder Model

"If at first you don't succeed, try and try again." A famous saying, that some within the ICANN world seem to think actually means: "if at first you don't get what you want, try and try again." The basic premise of the ICANN system is simple and fair: get all parties to work together, give everyone an equal voice, and act on whatever consensus emerges. ICANN insiders have coined this the "multi-stakeholder, bottom-up, policy development process". more

ICANN IRT Report Open for Comment With Short Timeframe?

The Intellectual Property Constituency's draft report on trademark issues is now available for comment. The draft report was put together behind closed doors, which would appear to go against the normal policy development process at ICANN, which is quite worrying. Its contents, however, are even more disturbing... more

Domain Enforcement in a Post-GDPR World

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

IDN Scaremongering: Mashable and Times Online Screw Up

Internationalized Domain Names (IDNs) might be a slightly "hot" topic at the moment following on from ICANN's launch of the IDN country code Top-Level Domain (ccTLD) program recently. However, IDNs are NOT a new topic. Far from it. They've been around for quite some time. Unfortunately neither The Times Online or Mashable seem to have done any homework. more

Closed Generic TLDs - The Final Battle?

Over the past couple of years I've posted several times on the issue of "closed generics". In essence these are new TLD applications where the string is a "generic term" AND the applicant wanted to keep all domains in the registry for their own use. The baseline registry agreement with ICANN now contains language that resolves the issue, or at least it would appear to do so. more

The New gTLD Market Will Improve Very Slightly Over the Next Year or So, ICANN Predicts

According to ICANN’s latest budget predictions, new gTLD market will improve very slightly over the next year or so. more

U.S. Government Strongly Affirms ICANN Model and New gTLDs

Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process. more