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No one will disagree that disputes before arbitral tribunals and courts should be determined on the merits. I have noticed that some Panels appointed under the Uniform Domain Name Dispute Resolution Policy (UDRP) have employed the words "objective" and "objectively" in their recent decisions. In pondering these linguistic choices, it seems to me that there are two possible reasons for their use; the first is more acceptable than the second. more
Data privacy and security experts tell us that applying the "need to know" principle enhances privacy and security, because it reduces the amount of information potentially disclosed to a service provider -- or to other parties -- to the minimum the service provider requires to perform a service. This principle is at the heart of qname minimization, a technique described in RFC 7816 that has now achieved significant adoption in the DNS. more
The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more
As the steward of .ORG, Public Interest Registry is committed to serving as an "exemplary registry" for the DNS. As part of that mission, PIR published our Anti-Abuse Principles last year that serve as our north star to address questions of abuse. As PIR has stated on many occasions, generally speaking, the DNS is not the appropriate place to address questions of website content abuse because of the blunt tool we as a registry have and the collateral damage that can be caused by suspending a domain name for a piece of content. more
RIPE NCC and CENTR have released a statement today in response to the upcoming European Commission's Digital Services Act, urging policymakers to distinguish between the Internet's core infrastructure and operations. more
Three years ago, the first Internet-Draft on Registry Maintenance Notifications for the Extensible Provisioning Protocol (EPP) was published, which will become a Request for Comments (RFC). The IETF Registration Protocols Extensions (REGEXT) working group is the home of the coordination effort for standards track EPP extensions. They released eight RFCs over the last couple of years, and they are currently working on more than 15 Internet-Drafts. more
The .AU Domain Administration (auDA) will soon implement new .AU domain administration licensing rules either late this year or early next year. These rules apply to new registrations and around 3 million existing domain names in the com.au, net.au, org.au, and more .AU namespaces... Previously, an Australian trademark application or registration may constitute the required Australian presence for an .AU domain name, but the domain name need not match the trademark. more
I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more
Apple announced its decision to trust only one-year digital certificates on its Safari browser in February 2020. This decision created a domino effect, with Mozilla and Google following suit; certificate providers announced they would not issue two-year certificates after Aug. 19, 2020. We wrote an article in March to help brands to prepare for this change. more
CENTR has published a white paper separating registry lock services into two standardized models. This categorization and the included recommendations can help top-level domain registries (re)design their registry lock services. The aim of the paper is to reduce fragmentation in implementation between registries to explain the value of registry lock to domain holders more easily. more
There are two kinds of new domain name extensions: those dedicated to selling domain names through the network of accredited Registrars and those dedicated to a personnel use. I call these "dotBRANDs" or ".brand" new gTLDs since they are used - most of the time - by Trademarks for their own benefit. This article focuses on .BRAND new generic Top-Level Domains. In the ICANN vocabulary, these are "Registry Agreements with Specification 13". more
This isn't the blog post I had hoped to write. When I signed up to participate in ICANN's Expedited Policy Development Process for gTLD Registration Data, I knew we had a lot of work ahead of us, but I was cautiously optimistic that we would, eventually, reach a successful outcome. Today, I find myself looking at things differently. After hundreds of hours and countless meetings and emails, Phase 2 of the EPDP's work has wrapped up with the delivery of our final report to the GNSO Council. more
Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more
Has your organization recently received an email claiming to be from NABP's Internet Drug Outlet Identification Program (IDOI)? If so, it is possible that someone is trying to trick you. The NABP IDOI team's email account has recently been illegally "spoofed" by unaffiliated persons or organizations. Email spoofing involves the forgery of an email header so that the email appears to have originated from someone other than the actual source. more
One of the "fathers of the internet," Vint Cerf, in a September 2019 article he published, said: "Today, hackers routinely break into online accounts and divert users to fake or compromised websites. We constantly need to create new security measures to address them. To date, much of the internet security innovation we've seen revolves around verifying and securing the identities of people and organizations online. more
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