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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
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
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
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
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
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
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
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
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
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
The financial industry is all about pinstripe suits, excessive Excel sheets and boring data. Or is it? Financial markets are more colorful than their reputation: take a look at Bloomberg's or Reuters' sites, and you'll see that pork belly is as much an object of investment speculation as coffee, electricity, bananas, hides, or fishmeal. Recently, the universe of data available to financial analysts and investment bankers grew further, with the addition of the Internet Domain Name Index (IDNX) to leading financial data distributors Bloomberg (ticker symbol: IDNX <Index>) and Reuters (ticker symbol: .IDNX). more
When a sniper ends the life of soldier Paul Bäumer in Remarque's "All Quiet on the Western Front," a laconic situation report from the frontlines recounts an unusually quiet day. In the grand scheme of things, nothing worth reporting has happened. Reading David Kravets' recent article in Wired brought this upsetting ending to mind. U.S. authorities taking down individual domains based on copyright infringement charges is the online equivalent of Remarque's allied snipers: picking off the occasional domain - for better or worse - has little effect on the overall situation. more
In our continuing review of Rogue Registrars we have stumbled upon on a very elaborate fake banking site for "Swiss Bank" or "Bank of Switzerland". To the casual Internet consumer this site probably appears legitimate, but a number of clues tip off the fraud. Phishing sites are everywhere so this does not immediately raise eyebrows until you review the Thick WHOIS record for the domain. more
ICANN's policy on the special protection of the Red Cross and the International Olympic Committee (IOC) names has triggered a very lively discussion including contributions by Konstantinos Komatis, Milton Muller, Wolfgang Kleinwächter, and myself (with Avri Doria's reply). There is an agreement that the exceptions are dangerous for ICANN's gTLD policy process which is in a formative and delicate phase. more
We know from life: There is no rule without exception. The problem is, exceptions create space for interpretations and have the risk to undermine the rule. Take Article 19 of the International Covenant on Political and Civil Rights from 1966. Article 19, paragraphs 1 and 2 define the individual right to freedom of expression. Paragraph 3 adds some exceptions where this right can be restricted to protect, inter alia, national security and public order. This is an understandable justification for a restriction, but it opens the door for misuse... more
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