Warranties and Representations on Purchasing Domain Names: What are they Worth?

The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more

The Grapes of Wrath? An Insight Into .WINE, the Most Hotly Debated TLD in Government Circles

Everybody agrees, all .WINE applicants want to find where the buck is going to stop, as far as the strange stalemate we have been in for so many months. Situation? "What situation?" I hear you asking. In July 2012, when applications and the name of their applicants were released to the public, it appeared that 3 applicants had the same idea, when they applied for a .WINE Top-Level Domain. more

Remembering the Cybersecurity Treaty That Never Happened

The cybercrime legal community from around the globe is meeting under the aegis of the Council of Europe (COE) to hold the annual Cooperation against Cybercrime conference dubbed Octopus 2021. It is also celebrating the 20th anniversary of the Cybercrime Convention treaty signed in November 2001 in Budapest. Not celebrated and little known, however, is the Stanford Draft -- A Proposal for an International Convention on Cyber Crime and Terrorism -- and the initiative begun in 1997 which brought about that draft treaty instrument. more

Saying No to the ITRs

The afternoon of 13 December in Dubai is notable for one important deadline -- "declaration" if a Nation State is willing to accept the obligations of the resulting treaty instrument and if so, subject to what conditions. It is worth emphasizing that multilateral treaty instruments are serious constraints on a Sovereign's powers, and most nations even if they do sign, make general declarations that provide escape routes to the obligations. more

A Case for Limited New TLD Flavors

La Casa Gelato in Vancouver, Canada, is doing just fine by selling a grand total of more than 500 ice cream flavors (wild asparagus, balsamic vinegar, dandelion -- you get the idea). On the other hand, Apple Inc. has built its enviable business on the principle of the fewer options the better. So, what does the confused ICANN need to do with its proposed new top-level domains (TLDs)? My advice: Go the Apple route. more

ICANN’s September Surprise

"Surprise, surprise, surprise!" is how Gomer Pyle would react to the news that the US government has allowed the JPA to expire, thus completing the transition of DNS management to ICANN. Plenty of skeptics doubted the US would let it happen, but today really is ICANN's independence day. more

New gTLD Applicants Must Reduce Cognitive Biases

To improve the viability of your application for the recently approved launch of new generic top-level domains (gTLDs), you must reduce decision biases in estimating a new gTLD's expected revenues. To do so, you must either delegate the responsibility to an independent multi-disciplinary team within your company, or seek input from a consultant. more

Large Open-Source Data Set Released to Help Train Algorithms Spot Malware

For the first time, a large dataset has been released by a security firm to help AI research and training of machine learning models that statically detect malware. more

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

How to Prepare for the DNSSEC Root KSK Rollover on October 11, 2018

Are you ready? Are your systems prepared so that DNS will keep functioning for your networks? One week from today, on Thursday, October 11, 2018, at 16:00 UTC ICANN will change the cryptographic key that is at the center of the DNS security system - what we call DNSSEC. The current key has been in place since July 15, 2010. This is a long-planned replacement. more

Significant Changes Underway for Core Internet Protocols

Significant changes to the core Internet protocols are underway due to the increased necessity to overcome limits that have become apparent particularly with regards to performance. more

The Root of All Email

This week, the Internet Engineering Task Force (IETF) published a number of what they call "RFCs," which originally meant "Requests for Comment" - the standards documents which specify the technical underpinnings of the Internet. Two of these, numbered 5321> and 5322, replace earlier documents defining the very core of internet email. On the surface, each of these seem surprisingly simple... Yet without general industry-wide acceptance of (and compliance with) these standards, internet email simply would not exist. more

The FCC Stumbles Into Internet Filtering

What could be bad about free wireless Internet access? How about censorship by federally mandated filters that make it no longer "Internet." That's the effect of the FCC's proposed service rules for Advanced Wireless Service spectrum in the 2155-2180 MHz band, as set out in a July 20 Notice of Proposed Rulemaking. Acting on a request of M2Z Networks, which wants to provide "free, family-friendly wireless broadband," the FCC proposes to require licensees of this spectrum band to offer free two-way wireless broadband Internet service to the public, with least 25% of their network capacity. So far so good, but on the next page, the agency guts the meaning of "broadband Internet" with a content filtering requirement. more

Portrait of a Single-Character Domain Name

Let's take some crayons and draw a picture of the current state of affairs regarding single-character domain names (SCDNs), and specifically O.COM. During the public comment period for the current O.COM RSEP, ICANN's own Intellectual Property and Business constituencies recommended implementation of rights protections mechanisms (RPMs) for intellectual property, including Sunrise and Priority Access periods. It is curious that such hard-won protections are being so easily set aside by Verisign and ICANN. more

No Easy Solutions to TLD Branding and Labeling

The introduction of unlimited numbers of new generic Top-Level Domains (gTLDs) has increased customer and company confusion about the role of brand names and their product labels, as noted in an earlier post. This essay outlines the various possible scenarios for coupling TLD branding and labeling, and it explains why duplicating the benefits of branding under.com may be difficult. more