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European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

Is It About to Get Much Harder to Own a Domain Name?

Question: why has air travel become so painful? Because the threat posed by bad actors requires making everyone jump through hoops before letting them board a plane. To the point that, despite obvious requirements to ensure air safety, some are now openly questioning if the cure is not worse than the disease. Registering a domain name could be about to go the same way. more

Why Saving the NomCom Means Saving ICANN Itself

ICANN's 2012 Nominating Committee (NomCom) selections are out. After a yearlong process, the NomCom has selected new members for the ICANN Board (3 seats), the GNSO and ccNSO Councils (1 seat each) and ALAC (2 positions). For those unfamiliar with it, the NomCom is in theory independent of other ICANN bodies such as the Board and exists to help fill leadership positions on them. more

De Facto Rules a Boon to Rogue Players

In Ian Flemming's Thunderball M sends 007 to the Bahamas on a hunch that SPECTRE is hiding something there. Well, it's been our hunch for a while that the Bahamas "office" for the Registrar Internet.BS does not exist. Now we have confirmation of such. It has been documented in an explosive undercover expose by LegitScript that Internet.BS address as stated could not be verified, could not accept mail, and that the business itself could not actually be found in the Bahamas. more

“Do’s and Don’ts”: Commenting on New gTLD Applications

regarding the new gTLD applications and, unfortunately, I have been largely disappointed with the substance of most of them. Too many of the earliest comments express concern over the possibility of having more adult-related extensions. Okay, we hear you... Also, with all due respect to the supporters of Dadotart's application, I appreciate the display of loyalty to this particular applicant but if I have to read another comment from an "impassioned supporter" of the .ART application, I will bang my head on my desk. more

Accountability, Transparency, and… Consistency?

ICANN Compliance now has two conflicting answers on record concerning the enforceability of RAA 378 on WHOIS inaccuracy. This is a topic of extreme importance and one we are trying to get to the bottom of. ...inconsistency needs to be resolved as it directly impacts the current RAA negotiations and certainly before new gTLDs are deployed. more

WHOIS Review and Beyond 3.7.8

We have posted our support of the WHOIS Policy Review Team Report with two important comments. First, on page 79 of the report it is confirmed that the RAA is unenforceable on WHOIS inaccuracy (we wrote about this while at the last ICANN meeting) because the language of RAA 3.7.8 has no enforcement provision. It is now time for ICANN to confirm this problem officially.  more

ICANN’s New gTLDs: The Game Changers Have Landed

The day after 'reveal day' two big questions will emerge; firstly was the advertising branding world so wrong or secondly, the parties behind the proposed names so invincible and can turn their $350 million dollars into many tens of billions. To be fair the jury may be out nevertheless, here are some facts... The Internet was never designed to solve the global business naming problems; it was the extension of DARPA, a failsafe military communication system later adventured into public use. more

Analysis of the IDN New gTLD Applications

There has been a lot of excitement since ICANN revealed the list of 1930 applications for new gTLD yesterday at an event in London yesterday. Even some of the strongest opponents of the ICANN's new gTLD program have acknowledged there is a case to open up new gTLDs for Internationalized Domain Names (IDNs). I am going to focus here on the analysis of the IDN applicants. more

ICANN’s Contract Not Enforceable on WHOIS Accuracy

This may or may not come as a shock to some of you, but ICANN's contract with the Domain Name Registrars, in terms of WHOIS inaccuracy is not enforceable. Bear with me. The ability of ICANN to enforce against a Registrar who fails to correct or delete a domain with false WHOIS does not exist. more

The ICANN Hunger Games

Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. more

ICANN Gets Crazy… Again!

The same thing happens before every ICANN meeting. It starts raining. Not men, as the song goes, or droplets of H2O. It starts raining documents. In the run-up to one of its three-a-year international meetings, ICANN goes into hyperdrive. And this time, days before the Prague meeting (from the 24th to the 29th), the usual downpour has turned into a veritable deluge. Let's just take June 4th as an example. more

Don’t Make Us Treat Our Customers Like Criminals!

Crime, fraud, scams etc., they're all very bad things. They're also not going to go away anytime soon. As a domain name registrar and hosting provider we're constantly "at risk", as we sell a lot of services that are both cost-effective and also give criminals the tools they need to attack 3rd parties. Again, this isn't exactly news. We've always taken a very pro-active approach to dealing with criminal activity and network abuse... But recently I've been losing sleep. more

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more

2100 New gTLD Applications. What Does It Mean?

Over the course of the last week, ICANN has released several pieces of information that taken together begin to allow us to piece together the overall gTLD landscape. ICANN is releasing partial information, without explanation or context, in dribs and drabs, and rumors are flying that we won't get the "Reveal" until the ICANN meeting in Prague at the end of June. This partial information and delay from ICANN is creating consternation and confusion among the many applicants and those watching the new gTLD scene. more