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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
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
A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry. more
At ICANN's meeting in Egypt last week, I had the opportunity to try and explain to various non-technical audiences why the Domain Name System (DNS) is vulnerable to attack, and why that is important, without needing a computer science degree to understand it. Here is the summary. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
When Kurt Pritz briefed the Generic Names Supporting Organization (GNSO) Council (and observers) in Los Angeles April 10th and 11th, the new generic Top-Level Domain (gTLD) process model flows transition through an "auction" state in two of the three paths where two or more applications existed for the same (or similar) strings. At that time Kurt, speaking for Staff, was clear that the existence of a well-defined community was not dispositive, which surprised the Council members from the Intellectual Property Constituency... more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
Doc's post and the impending comments deadline for the next iteration of ICANN's never-ending WHOIS saga finally pushed me to write up my thoughts on the latest iteration of ICANN debate. As Doc points out, much of the current debate is very inside baseball, tied up in acronyms atop bureaucratic layers. Small wonder then that ordinary domain name registrants and Internet users haven't commented much, while the fora are dominated by INTA members turning out responses to an "urgent request" to "let ICANN know that Whois is important to the brand owners I represent"... more
As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more
After blogging about ICANN's new gTLD policy or lack thereof [also featured on CircleID], I've had several people ask me why I care so much about ICANN and new top-level domains. Domain names barely matter in a world of search and hyperlinks, I'm told, and new domains would amount to little more than a cash transfer to new registries from those trying to protect their names and brands. While I agree that type-in site-location is less and less relevant, and we haven't yet seen much end-user focused innovation in the use of domain names, I'm not ready to throw in the towel. I think ICANN is still in a position to do affirmative harm to Internet innovation. more
One of the key features of the soon-to-launch iPhone is its advanced web browser capabilities. "The iPhone is the first smart phone we've tested with a real, computer-grade Web browser, a version of Apple's Safari," say the Wall Street Journal. To make the user's browsing experience even more efficient, the phone even comes with a top-level domain (TLD) button labeled ".com". Rather interesting given that today there are over two hundred TLDs in existence including .mobi... more
While travelling home from Geneva, I was thinking quite a lot on the relationship between a ccTLD (registry) and a Country. This is because many countries are starting to talk louder and louder about the responsibilities Countries have on critical infrastructure, or (possibly more important) the management of the critical infrastructure. Will for example any (none?) of ccTLD operators (servers) sustain a denial of service attack of a scale similar to the attack on the root servers? What can ccTLD operators do to resist the malicious attacks? Should this be discussed? more
ICANN's recently released report, ICANN's Whois Data Accuracy and Availability Program: Description of Prior Efforts and New Compliance Initiatives [PDF], is a summary of the Whois Data Problem Report System's (WDPRS) reports spanning a one-year period that concluded at the end of Fenruary 2007. In case you're not familiar with the WDPRS, it's system that tracks complaints about inaccurate or incomplete whois entries. Notable facts from the report include: There were 50,189 reports for which ICANN received follow-up responses during the year... more
ICANN's web site has a press release saying that the were granted a temporary restraining order on Monday requiring that Registerfly cough up all the info on their registrants, or else.
My assumption all along has been that the reason that Registerfly hasn't provided full info is because they don't have it. ICANN agrees that they got partial data last month, and it's hard to imagine a reason that Registerfly would have given them some of the data but deliberately held back the rest. I guess we'll know soon enough.
By the way, I hear that ICANN plans to implement their registrar escrow policy, the one that's been in the contracts since 2000, pretty soon. more
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