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ICANN's plan to begin accepting applications for new generic top-level domains (gTLDs) in mid-2009 may have been derailed by last week's outpouring of opposition from the global business community and the United States Government (USG). Having been involved with ICANN for over a decade and having served on its Board for three years, I've never seen such strong and broad opposition to one of ICANN's proposals. more
While doing research for a paper on telegraph codebooks, I was reminded of something I had long known: one could have short addresses for telegrams. A short article in The New Yorker described how it worked in New York City. Briefly, one could pick more or less any name that wasn't in use, and list it with the Central Bureau for Registered Addresses... more
Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more
Domain name disputes have been on steady rise for the past several years and have more than doubled since 2003. As reported today by Pingdom, while there was a period between 2000 and 2003 when the number of domain dispute cases declined, they have been continuously increased since 2003 with most cases involving more than one domain name. more
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar. more
A trademark owner who notices that someone else has registered a domain name incorporating the owner's mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for short). This often serves as a quicker and less expensive alternative to pursuing the cybersquatter in court. To be successful under the UDRP, the "Complainant" has to show all of the following three elements... more
I have not submitted any comments on ICANN's new gTLD process, mostly because many other people have said more diplomatically what I think, but I thought I could blog about it. My main concern from the beginning was that the process should allow any serious candidate to run with a reasonable chance to be able to actually start running a gTLD. This includes small and medium sized communities and startup companies with little seed money. This also includes registry models that may not favour mass registrations. For all these, the current model is flawed. more
A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more
I have discovered that VeriSign's SiteFinder service breaks Microsoft's Outlook and Microsoft's Outlook Express email readers as well as many of the standard Windows Networking Utilities by providing misleading error messages, temporary lockups, and incorrect status information. more
According to recent reports, the total number of new domain name registrations in the third quarter of 2008 reached 11.5 million, pushing the total number of domain names registered in total across all Top-Level Domain Names (TLDs) to 174 million. While the growth continues, the newly released Domain Report by Verisign, indicates a "a decline of new registrations by 2%t from second quarter and 2% from third quarter 2007, driven by declines in both gTLD and ccTLD growth." The decline in new domain name registrations are found to be partly due new changes made by Google to its AdSense program -- the report explains... more
The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more
A recent law suit in Kentucky has attracted world-wide attention because it could create a very dangerous precedent – the application of local law to the domain name system and Internet web sites that are available globally... Even though the Kentucky case only involves Kentucky gambling laws, the dangerous precedent is that regimes around the world with oppressive local laws restricting speech or religion might attempt similar litigation. more
It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility. more
The new Global Phishing Survey released by the Anti-Phishing Working Group (APWG) this month reveals that phishing gangs are concentrating their efforts within specific top level domains (TLDs), but also that anti-phishing policies and mitigation programs by domain name registrars and registries can have a significant and positive effect. The number of TLDs abused by phishers for their attacks expanded 7 percent from 145 in H2/2007 to 155 in H1/2008. The proportion of Internet-protocol (IP) number-based phishing sites decreased 35 percent in that same period, declining from 18 percent in the second half of 2007 to 13 percent in the first half of 2008. more
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