UDRP Does Not Apply To Bad Faith Domain Name Renewals: Part II

The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says

I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more

UN Cyberdiplomcy I: PoC, Cybercrime and the Global Digital Compact

Despite global polarization, recent UN cyber diplomacy has achieved three significant agreements in 2024: a cyber attack reporting system, a convention against cybercrime, and a "Global Digital Compact." These successes show that consensus on global issues is possible, though the vague wording of agreements raises concerns about their long-term effectiveness in ensuring security and peace. more

We Urgently Need a New Internet

Let's be honest about it. Nobody -- including those very clever people that were present at its birth -- had the slightest idea what impact the internet would have in only a few decades after its invention. The internet has now penetrated every single element of our society and of our economy, and if we look at how complex, varied and historically different our societies are, it is no wonder that we are running into serious problems with the current version of our internet. more

DNSSEC Ready Set Go! But, Wait, Are You Ready?

The year 2010 is turning out to be the "year of DNSSEC" from Registry implementations, Registrar implementations, ISP support, to the Root being signed this summer. Because we are dealing with such critical infrastructure, it is important to not lose sight of careful implementations. more

Internet Governance: Analogue Solutions to Digital Problems

This is an overview of the booklet, "Internet Governance: Issues, Actors and Divides," recently published by DiploFoundation and the Global Knowledge Partnership. "Internet Governance is not a simple subject. Although it deals with a major symbol of the DIGITAL world, it cannot be handled with a digital - binary logic of true/false and good/bad. Instead, the subject's many subtleties and shades of meaning and perception require an ANALOGUE approach, covering a continuum of options and compromises." Update: This article was reposted with additional information and a new title. more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

Independence and Security Online Have Not Yet Been Won

As we, here in the United States celebrate our independence this Fourth of July, we are reminded that the liberties and freedoms that come with that independence have yet to be won online. As citizens of this country we are blessed with safety and security from threats both foreign and domestic, but those guarantees have not yet extended to our citizenship in the global Internet community. This is true not just for American citizens, but for all Internet users throughout the world. more

ICANN Investigating Domain Tasting

ICANN has announced that it is seeking input and feedback on the topic of domain tasting. (See their announcement for full details) Interestingly enough Michael Gilmour published an article a couple of days ago covering the same topic - "Why domain tasting is great!", which will probably raise a few hackles! One point that in particular caught my eye... more

How the First White House Website Came to Be

In doing a recent search, there it was: the first White House website archived at the U.S. Archives. It ended up changing the direction of markets and network development, if not world politics. How it came to be is known only to the few people involved. It is a great example of individual initiative, collective whimsy, serendipity, and unintended consequences... When Bill Clinton arrived at the White House on 20 January 1993, he brought with him a kind of rag-tag team who had helped him get there.  more

Network Neutrality and the FCC’s Inability to Calibrate Regulation of Convergent Operators

For administrative convenience and not as required by law, the FCC likes to apply an either/or single regulatory classification to convergent operators. Having classified ISPs as information service providers, the Commission unsuccessfully sought to sanction Comcast's meddling with subscribers' peer-to-peer traffic. Now Chairman Genachowski wants to further narrow and nuance regulatory oversight without changing the organic information service classification. more

IMP Continuing Despite Industry Backlash

Back in November 2008 a colleague of mine, Neil Watson (Head of Operations at Entanet International Ltd), published an article on Entanet's opinion blog about the government's proposed plans to centrally store records of all electronic communications throughout the UK. The Interception Modernisation Programme (IMP) will be the largest surveillance system ever created in the UK and calls for a 'live tap' to be placed on every electronic communication in Britain including telephone calls, emails and visited websites. more

CPH TechOps Retrospective 2018

From the perspective of the domain name industry, 2018 was strongly influenced by, among other things, the EU General Data Protection Regulation (GDPR), the Temporary Specification and especially the Expedited Policy Development Process (EPDP). For the Contracted Parties House (CPH) TechOps Group, one year after its foundation, it was a very exciting and intensive time. This initiative was created to tackle technical and operational needs and challenges plus ideally to create best practices. more

DNS and Stolen Credit Card Numbers

FireEye announced a new piece of malware yesterday named MULTIGRAIN. This nasty piece of code steals data from Point of Sale (PoS) and transmits the stolen credit card numbers by embedding them into recursive DNS queries. While this was definitely a great catch by the FireEye team, the thing that bothers me here is how DNS is being used in these supposedly restrictive environments. more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more