German courts seem to be pretty fast, so instead of having to wait weeks or months to see how they'd rule, we've already got the answer. The German court in Bonn has ruled that EPAG (Tucows) is not obliged to collect extra contacts beyond the domain name registrant. The decision, naturally, is in German, but there is a translation into English that we can use to understand how the court arrived at this decision. more
When deciding to register a given domain name under any of the new ICANN-proposed top-level domains (TLDs), remember that a relatively high initial registration volume does not necessarily imply that the domain names will command high market value or that demand for them will grow. Below are some of the reasons... more
Milton Mueller from Internet Governance Project writes: "In Montevideo, Uruguay [last week], the Directors of all the major Internet organizations -- ICANN, the Internet Engineering Task Force, the Internet Architecture Board, the World Wide Web Consortium, the Internet Society, all five of the regional Internet address registries -- turned their back on the US government. With striking unanimity, the organizations that actually develop and administer Internet standards and resources initiated a break with 3 decades of U.S. dominance of Internet governance..." more
ICANN must act now to harmonize its domain name registration data (commonly known as WHOIS) policies with Article 28 of the European Union's Network and Information Security (NIS2) directive, first to adhere to applicable laws as it fulfills its oversight responsibilities and, second, to keep its word to the community to preserve WHOIS to the fullest extent possible under law. more
In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more
The proposal "The Internet an International Public Treasure" ("Public Treasure") offers a means of creating a prototype for an international collaborative management structure for the Internet (see Part I of this article).
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We have just issued a new report detailing abuse of the Domain Name System and Registrar contract compliance issues. The report specifically discusses several items including: Registrars with current legal issues; Illicit Use of Privacy-Proxy WHOIS Registration; A study on the contracted obligation for Bulk WHOIS Access; and more. more
We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more
Ali's invitation to post reflections on the past 25 years of ICANN is very welcome. No doubt, some will write about major shifts in how ICANN is governed, for example, the end of United States government oversight. While others will write about changes to the industry that ICANN has catalyzed, for example, the 2012 round of new gTLDs and the upcoming next application process. more
Over the last week at ICANN the arguably best idea coming out of the ICANN meeting is the concept that applicants for new gTLD strings with more than one application, hold a private auction amongst themselves with the winning amount going to the other losing applicants instead of to ICANN. As a backdrop, under the Guidebook multiple applicants for a new gTLD extension are encouraged to work together and come to an agreement to resolve the conflict. more
ICANN's last new gTLD application closed in 2012 with more than 600 brands applying for their dot brand. Dot brand domains associate a keyword or keyphrase and a brand name in a complete domain name... To understand better how the evolution of the dotBrand has been throughout these years, number of websites launched, redirects, registries etc, Dot Brand Observatory prepared a few visual graphics. more
The GNSO Council and the ICANN Board both seem poised to grant sufficient runway to the community to refine an idea for a simple ticketing system designed to centralize requests for registrant information disclosures and provide meaningful data that is likely to help ICANN staff enhance its assessment of the SSAD proposal. This is very good news for those who advocate for consumer safety and trust on the Internet, and it is very good news for the ICANN multistakeholder model. more
It's a simple, straightforward fact that the root is not a TLD. However, the current policy around new gTLDs treats the root like a TLD registry and as anyone who runs a TLD registry knows, they have certain inescapable characteristics that may not be the best for the root. In almost every TLD, once a domain name has been registered, the registrant can use it commercially with few restrictions... more
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
ICANN's 38th get-together, in Brussels, may become known as the meeting where the dust finally began to settle. Long-standing issues were settled, compromises were reached, no-one complained too much about the latest version of the Applicant Guidebook, and the Board stood by its project plan dates, even scheduling a Board retreat to solve remaining issues. Finally, there were no surprise "gotcha!" delays that generic Top-Level Domain (gTLD) applicants have been used to seeing at ICANN meeting. With one possible exception... more