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Abusive behavior that leverages the domain name system (DNS) continues to be a problem, with a reach that has been widely and credibly documented. There is little doubt that bad actors continue to use the DNS for nefarious and costly purposes. While the amendments made in 2024 to ICANN's Registry Agreement (RA) and Registrar Accreditation Agreement (RAA) were a step in the right direction, more advanced tools are needed to bring abuse rates down. more
The European Union (EU) has set a high bar by tackling domain name system (DNS) abuse head on via government regulation and seems to have successfully resisted attempts to water down DNS stewardship obligations. Recent guidance from a key European Commission cooperation group (the NIS Cooperation Group) handling sections of the Network and Information Security Directive (NIS2) intends for a robust implementation of Article 28, which will go a long way toward helping to mitigate some of the longstanding problems that persist in the DNS. more
The NIS Cooperation Group has released critical guidance for the implementation of Article 28 under the NIS 2 Directive, focusing on registration data accuracy obligations for top-level domain (TLD) registries, registrars, and related services in the EU. more
Over the past several weeks, there has been significant discussion about Verisign and its management of the .com top-level domain (TLD) registry. Much of this discussion has been distorted by factual inaccuracies, a misunderstanding of core technical concepts, and misinterpretations regarding pricing, competition, and market dynamics in the domain name industry. more
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
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