Domain Names

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more

Turning the Tide of Online Scams: Interview With Prof. Jorij Abraham, Global Anti-Scam Alliance

Professor Jorij Abraham has been a part of the international eCommerce community since 1997. From 2013 -- 2017, he has been Director of Research & Advise at Thuiswinkel.org (the Dutch Ecommerce Association) and the European Ecommerce Association with 25.000+ members in 20 countries. He is now Managing Director of Global Anti-Scam Alliance, whose mission is to protect consumers from getting scammed. He is also e-commerce professor at the University of Applied Sciences, TIO. more

Dot-XXX and Tiered/Differential Pricing: Permitted?

As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more

The Web is Dead: What This Means to ICANN, New gTLD Program and the Domain Industry

While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more

Mitigating Harm Caused by the ICANN “Draw”

The gTLD Prioritization "Draw" was a mistake. But its negative impact can still be mitigated. The best course of action follows directly from information that can be gleaned from available data. Let us start with the latest piece of intelligence: who "played" in the "Draw"? 1766 of 1917 applications had a lottery ticket. This is much worse than expected. Very few abstained. Even the purely defensive applicants saw no other choice but to "play". more

U.S. Congressional Trademark Caucus Haggles Over Price

It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more

The Dot Green gTLD and the Domain Name Delusion That Foretells General gTLD Disaster

I admire Annalisa Roger. I know from my single email interaction with her that she means well. Nonetheless, dot Green apparently ranks below 330 in the list of operational new gTLDs with an apparent total of 117 domains, give or take a few. Why is this the case? It seems to me that dot Green is one the few new gTLDs that actually deserves support... The notion that most generic gTLDs [like dot Green] are already positioned to accommodate brand channel partners such as this or that 'brandchannel.green' is illusion. more

Cryptocurrency and DNS: Phishing Domains, Cryptomining and More

When we look at the intersection of cryptocurrency and domain data, we see something insidious: The prevalence of crypto-related threats. And it's not just cryptojacking. It's not even the use of cryptocurrency which has made ransomware attacks easier for threat actors to commit and all the more widespread. As with nearly every trend, there is always someone looking to capitalize on it and use it for their own, personal gain. Ever since cryptocurrency became the pandemic hobby of choice, threat actors have begun to target crypto novices for their schemes. more

Market Forces Should Control Registry Services?

Sonia Arrison, a director of the Center for Technology Studies at the California-based non-profit Pacific Research Institute, writes an interesting op-ed piece in the Internet news publication CNET News.com. She argues that the job of privatizing the domain name system should be completed and that market forces should control registry services such as SiteFinder deployed by VeriSign for about three weeks in September...While not a position I would agree with, as I would prefer more government control and additional regulation, it is definitely insightful and well written. She makes some interesting quotes... more

How Much Could Businesses and Consumers Save if .com Price Cap Benefits Were Passed On to Consumers?

Recently, a blogger whose website features posts and ads from domain speculators wondered what the cost of registering a .com domain name would be if somebody else ran the .com registry. But this blog post asks the more relevant question: "How much could businesses and consumers save if the benefit of .com price caps were passed along to consumers?" Now is a good time to focus on this question, since Verisign and the US Department of Commerce just amended their Cooperative Agreement to allow limited, regulated .com price increases. more

These Countries Have Adopted the UDRP

The Uniform Domain Name Dispute Resolution Policy (UDRP) is certainly the most frequently used tool to combat cybersquatting -- but, it is not always an option. Many countries have adopted their own domain name dispute policies -- or none at all -- in lieu of the UDRP. For example, domain names in the United Kingdom's .uk country-code top-level domain (ccTLD) are subject to Nominet's Domain Dispute Resolution Service, which applies a different test... more

A Patent for SiteFinder-Like Resolution

I saw an interesting news item that broke Monday courtesy of DomainNameNews and SlashDot that hasn't been broadly covered yet. I'm surprised no one has posted on this yet on CircleID, so here goes. Apparently VeriSign has been awarded a patent for the resolution of mis-typed domain names. This was at the heart of the controversy back in 2003 around their SiteFinder Service. Amidst a storm of criticism ICANN insisted VeriSign shut down the service, and the company eventually agreed. more

The US DOJ Rogue Internet Pharmacy Settlement: Implications for Registrars

In the wake of Google's settlement with the Department of Justice for permitting advertising by illegal online pharmacies, what are the legal implications for Domain Name Registrars and ISPs in the US and elsewhere? In short, if you're a Registrar or ISP, it's a new ballgame. Here's why it's critical for you to steer clear of criminal and civil liability by making sure your registration services aren't used by rogue online pharmacy criminals. (And, here's how to do it.) more

Survey Results Expose Widespread DNS Vulnerabilities

The Measurement Factory and Infoblox have announced results of a survey of more than 1.3 million Internet-connected, authoritative domain name system (DNS) servers around the globe. The results of the survey indicate that as many as 84 percent of Internet name servers could be vulnerable to pharming attacks, and that many exhibit other security and deployment-related vulnerabilities. The surveys consisted of several queries directed at each of a large set of external DNS servers to estimate the number of systems deployed today and determine specific configuration details. more

Limitations and Laches as Defenses in Domain Name Cybersquatting Claims

UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. more