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ICANN must act now to harmonize its domain name registration data (commonly known as WHOIS) policies with Article 28 of the European Union's Network and Information Security (NIS2) directive, first to adhere to applicable laws as it fulfills its oversight responsibilities and, second, to keep its word to the community to preserve WHOIS to the fullest extent possible under law. more
On June 9 CircleID published an insightful article by Thomas Rickert entitled "Demystifying Art 28 NIS2." In that piece Thomas set forth two alternative interpretations of Article 28(6) of NIS2, and argued that TLD registries should not be required to maintain a separate database of the registrant data under NIS2. In my view, Thomas' approach is inconsistent with the remainder of Article 28, and would not achieve the goals of NIS2 to improve cybersecurity across the EU member states. more
On December 14, 2022, the European Parliament adopted the Directive on measures for a high common level of cybersecurity across the Union (Directive (EU) 2022/2555) hereinafter referred to as "NIS2"), which was published in the official journal on December 27, 2022. Being a directive, NIS2 requires transposition into national law. According to Art. 41 of NIS2, the transposition into national law must take place by October 17, 2024 and the measures must be applied as of October 18, 2024. more
As Chairs of ICANN's Registries and Registrar Stakeholder Groups, we are proud to announce that we have initiated a new practice for the Contracted Parties Summits: the publication of our Contracted Parties Summit Statement. As you may (or may not) know, Contracted Parties get together periodically to interact and work together on issues that we care about, and which impact our businesses as registries and registrars. more
The U.S. Anticybersquatting Consumer Protection Act ("ACPA") is a federal law -- part of the Lanham Act that deals with trademarks and unfair competition. It says that a person can be liable if he or she registers a domain name that contains another's distinctive trademark with a bad faith intent to profit from that mark. One issue that has arisen over the years is whether registration that can give rise to liability means only the first time the domain name is registered, or whether it applies to the re-registration... more
This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. more
In May of this year, I questioned whether the continued legal maneuvering of a company called Altanovo Domains Ltd. (Altanovo) could further delay the launch of .web. After reading its second Independent Review Process (IRP) complaint, and ICANN's response, it seems that the unfortunate answer is a resounding "yes," or at least that is Altanovo's intent. more
The European Union's Network and Information Security Directive (NIS1), introduced in 2016, aimed to strengthen cybersecurity among Member States. However, market fragmentation and growing digital threats led to the enactment of the NIS2 Directive. more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
The FCA has been naming and shaming financial scam domains for decades. Its "warning list" is probably one the most extensive databases of its kind. But does it do a good enough job of actually warning people? Let us begin with the FCA website, which would not exactly get full points for user-friendliness: locating the "watch list" is a task in and of itself, to say nothing of consulting and scrutinising it. more
Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more
On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more
Five years ago today, the ICANN Board committed to opening a second application window for the New gTLD Program as expeditiously as possible. The same resolution also directed the ICANN CEO to publish a document describing the work plan required prior to initiating a second application window. Ask a Board member or ICANN staff when they expect the next application window to open, and they will inevitably suggest 2020 -- another three years away. more
A Forever URL is one that never expires. You own it and needn't worry about forgetting to renew it. The term itself is inspired by the US Forever Stamps, which you can use even if the postal rate goes up. This article looks at the underlying mechanisms for linking such information and is aimed at a technical audience. The DNS isn't just about websites; it is fundamental to how we connect endpoints, be they websites, devices, documents etc. more
As many in the ICANN community prepare to depart for the sunny beaches of Cancun, Mexico, it appears the ICANN 76 meeting could be significant when it comes to the long-awaited next application window for gTLDs. It's been over 11 years since applicants were last able to apply for a gTLD (and some of those strings are still launching into the marketplace all these years later), and the community work to review that initial process has never really stopped. more
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