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A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more
This is a one hour podcast giving all details about what the .BEST social network is going to be and how users will be able to generate an income from it... Cyril Fremont gives lots of details on how his social network, focusing on reviews, is going to be different from Google Reviews, Facebook, Yelp and TripAdvisors. If one would be tempted to think that ... well, "that's just going to be another social network", then, I strongly suggest to listen carefully the part of the interview on the decentralization of this network. more
With ever more TLDs, where does it make sense to focus resources? After four years and a quadrupling of internet extensions, what metrics continue to make sense in the domain name industry? Which should we discard? And how do you gain understanding of this expanded market? For registries, future success is dependent on grasping the changes that have already come. For registrars, it is increasingly important to identify winners and allocate resources accordingly. The question is: how? more
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
I have recently become aware of a blog post from Recorded Future that attempts to analyze the effects of the GDPR on online security. Unfortunately, it starts by asking an irrelevant question and then goes on to use irrelevant metrics to come to a meaningless answer. The premise of Recorded Future's article - that spammers would send more spam and register more domains because GDPR came into effect - tells us nothing useful about how GDPR affects anything. It's the wrong question... more
Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more
Amazingly enough, summer is rapidly ending as kids head back to school, the temperatures in the mornings are just slightly cooler, and soon enough jeans and sweatshirts will be upon us. It also means that the important work on ICANN's temporary specification regarding WHOIS relative to GDPR has already aged a few months. The ICANN Board adopted the temporary specification in May 2018 and it became effective on the 25th of the month. more
When you're standing close to ICANN, the domain business may seem pretty big, but when you stand farther away, not so much. Verisign's revenues are about $1 billion/year. The .COM and .NET top-level domains together have about 150M names. The next biggest gTLDS are .ORG with 25M and .INFO with 12M. The biggest new TLDs are TOP with 2.9M and .XYZ with 1.8M, with both bloated by firesale prices. The rest are smaller, mostly much smaller. more
The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more
The need for an access model for non-public Whois data has been apparent since GDPR became a major issue before the community well over a year ago. Now is the time to address it seriously, and not with half measures. We urgently need a temporary model for access to non-public Whois data for legitimate uses, while the community undertakes longer-term policy development efforts. more
The Google-run .app TLD was always destined to draw attention and scrutiny, from the moment it fetched a then-record ICANN auction price of $25 million. Since it reached General Availability in May it has gained more than 250,000 registrations making it one of the world's most successful TLDs. However perhaps more interesting was Google's choice to add the .app TLD and its widely used .google extension to the HTTP Strict Transport Security (HSTS) Top-Level Domain preload list, offering an unprecedented level of security for all domains under .google and .app. more
As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. more
Corporate domain name portfolios often consist of domain names that do not resolve to relevant content. In fact, it's not uncommon for less than half of corporate domains to point to live content. Sure there are domains such as those that point to "sucks" sites or those registered anonymously for future use that purposely do not resolve, but those are the exception to the rule. more
On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more
When applying for a new gTLD, what happens if two applications for the same extension are a city and a family name? Which one wins? Let's imagine that a person whose family name is "Marseille" applied for the .MARSEILLE new gTLD in the next round of the ICANN new gTLD program. What if there was a .MARSEILLE new gTLD too but as the name of the French city? more
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