Domain Names

A Sustainable Framework For The Deployment Of New gTLDs - Part II

Part I of this article explored some of the current thinking and direction that key policy-makers seem to be headed with the creation of new gTLDS. This part focuses on a new alternative plan for the ongoing deployment of new gTLDs.

ICANN is likely to see many proposals over the coming weeks that attempt to deal with the thorny issue of how to rollout new gTLDs. Any plan that deals with the rollout of new generic top-level domain names must ensure that the expansion of the namespace does not disrupt the existing infrastructure and services. more

Exposing A Famous Secret: Well-known Trademarks Are Not Easily Diluted

Regarding a domain name dispute involving famous authors, the novelist, Louis Sachar, observed that "if some unrelated person is going to co-opt my name in cyberspace, and fails to use it to identify a web site related to my books or myself, that's going to endanger my career, as well as my reputation." Louis Sachar is one of nine famous authors for whom the Authors Guild, recently successfully snatched personal name domain names from a United Kingdom domain name registrant known as Old Barn Studios... more

Jurisdiction over Domain Names: Too Much Law Or Too Little?

In the prior issue of CircleID, I described registrations by John Zuccarini. Many of Zuccarini's registrations are typographic variations on well-known domain names, and Zuccarini typically redirects users to sexually-explicit content and pop-up advertisements. Despite scores of UDRP claims and ACPA suits, plus a major case brought by the Federal Trade Commission, Zuccarini's registrations remain in effect -- more than 5,000 strong, in my research. more

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part II

The proposal "The Internet an International Public Treasure" ("Public Treasure") offers a means of creating a prototype for an international collaborative management structure for the Internet (see Part I of this article).
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UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part I

The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the "Policy"), is to determine disputes relating to the registration or acquisition of domain names in bad faith. To succeed in a UDRP action (i.e. to obtain cancellation or transfer of the disputed domain name) it is necessary for the party bringing the complaint (the complainant) to show that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name holder (known as the respondent) has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith. Each of the aforesaid three elements must be proved by the complainant to warrant relief.
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A Sustainable Framework For The Deployment Of New gTLDs

At the Fourth Annual Meeting of the ICANN Board in Amsterdam, the ICANN Board asked the DNSO Names Council (who have since become "the GNSO Council") to provide the Board with advice and input on the issues that surround the creation of new generic top-level domain names. Based on the Council's publicly documented conversations thus far, it is becoming clear that Council is moving in directions that do not seem to be consistent with the continued health of the namespace or development of a competitive market for registration and DNS services. more

Internet Users: Is It Time For A Declaration Of Independence?

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

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part I

In research, one of the important steps is to identify the problem that needs exploration. Another step is to identify how to find a solution. Once it is possible to agree on the nature of the problem, then it begins to be a matter of how to approach the problem. more

The Business Of Domains: Shifting The Paradigm

For a business that started with few competitors and unlimited markets, the domain name registration trade has certainly become quite difficult and price sensitive. As the owner or manager of your firm, you have a basic choice to make: You can pull back and ride out this difficult period, or you can use this disruption to your advantage. Can a savvy owner or manager bring profitable growth to his or her company? One positive answer may not be in familiar spaces, but in new markets. more

An Outlook On The Domain Name Secondary Market

The secondary domain market has gone from one extreme to another. First, huge sums were paid for some domains, raising the expectations of domain sellers. Now, however, in many cases the corporate sector expects to pick up a domain for next to nothing in comparison with the domain's immediate sales and long-term investment potential. In my opinion, both situations are unrealistic. more

United Nations vs. ICANN: One ccTLD At A Time

What happens if ICANN fails? Who will run the DNS then?

Of course to many, ICANN already has failed -- spectacularly so. Critics have long complained that ICANN not only lacks accountability and legitimacy, but also that it is inefficient (at best) and downright destructive (at worst). According to these critics, ICANN's many sins include threatening the stability of the Internet, limiting access by imposing an artificial domain name scarcity, and generally behaving like a petulant dictator. more

Examining Stuart Lynn’s Domain Name Plans - Part II

In the last article we examined the language in Stuart Lynn's A Plan for Action Regarding New gTLDs, and I addressed concerns about specific language in that document. In this article, I will examine several questions of importance that need to be addressed when discussing new gTLD policy; questions that Mr. Lynn leaves unanswered in his proposal... more

Examining Stuart Lynn’s Domain Name Plans - Part I

Last month ICANN began soliciting comments on Stuart Lynn's A Plan for Action Regarding New gTLDs, which will be one of the Internet governance organization's primary discussion topics at its December meeting in Amsterdam. more

Is Whois Data Accuracy Enough?

The Whois Task Force of the Domain Name Supporting Organization (DNSO) has been consulting with registrars over the past few months on the Whois accuracy issue for law enforcement. The Task Force has enumerated three primary areas of interest: accuracy, uniformity, and better searching capabilities. When the registrars met with the Task Force in Shanghai, a fourth area of interest was also brought forward and advocated by many of the registrars at the meeting as paramount to the other three areas. This fourth area of interest was privacy. more

Invalid WHOIS Data: Who Is Responsible?

Suppose you wanted to know who operates a website at a given domain name. Perhaps you suspect that the domain name is pointing to a website that offers illegal content, or you may just want to send a comment to its authors. Conveniently, the Internet provides a so-called "WHOIS" system that ordinarily provides contact information for each registered domain. But in the case of many hundreds of thousands of domains, the WHOIS data just isn't accurate.  more