ICANN

Careful What You Wish For: Why ICANN “Independence” is a Bad Idea

ICANN controls the "root" of the naming hierarchy, designating the operators and managers of the top-level domains, like ".com" and ".net" and ".uk." Since its founding in 1998, ICANN has operated under a "Joint Partnership Agreement" (JPA) with the U.S. Department of Commerce. The current extension of this agreement is set to expire on September 30 of this year. Some advocates say it's now time for the U.S. government to cut its ties and let ICANN stand on its own. That's not a good idea. more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

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

Domain Names as Second-Class Citizens

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

How to Preserve the .org Registry’s Integrity in the ISOC Sale of PIR

This article addresses the issues around the planned sale of the PIR .org registry by ISOC. It examines the history and issues plus looks at several possible paths forward, including PIR becoming a Benefit Corporation (B-Corp) and identifying possible alternative buyers who could retain PIR's non-profit status. Before Tim Bernier-Lee brought the HTML markup language to the Internet, starting in 1989, there were few registered domain names. Access for public registration started in 1986, and by December, there were about five dozen registered .com domain names.  more

IANA Checkmate - Fool Me Once, Shame on You, Fool Me Twice Shame on Me

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

Domain Pulse 2008: Day 2 Focuses on DNS Security

Day two of Domain Pulse 2008 last Friday (see review of day one) focused on online security issues giving the techies amongst us details of security issues, and the more policy-orientated amongst us something to chew on in a few other presentations. Kieren McCarthy, these days of ICANN, also gave some insights into the drawn out sex.com drama with more twists and turns than the average soap opera has in a year! And Randy Bush outlined the problems with IPv6. Among other presentations... more

What the ICANN Brussels Meeting Means for New gTLDs

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

ICANN Opens GNSO Whois Study on Privacy/Proxy Abuse for Comment

ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity." more

What If New gTLD Applicants Held Private Auctions Where Losing Applicants, Not ICANN Gets The Money

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

New gTLD SSR-2: Exploratory Consumer Impact Analysis (Part 5 of 5)

Throughout this series of blog posts we've discussed a number of issues related to security, stability, and resilience of the DNS ecosystem, particularly as we approach the rollout of new gTLDs. Additionally, we highlighted a number of issues that we believe are outstanding and need to be resolved before the safe introduction of new gTLDs can occur - and we tried to provide some context as to why, all the while continuously highlighting that nearly all of these unresolved recommendations came from parties in addition to Verisign over the last several years. more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

Old Habits Die Hard!

The new domains are coming! ?Dot-biz is going to be the next coming of dot-com?, I recently read in an article in the Denver Post. The buzz has begun. Seven new top-level domains have been approved by ICANN, the organization that governs domains, and could be available as early as spring of this year. The new domains approved are .biz, .info, .aero, .coop, .musuem, .pro, and .name. more

Finishing What We Started: A Level Playing Field for New gTLDs

While the Internet governance debate devours headlines, it's almost easy to forget that ICANN is in the midst of the most audacious and important policy process it has ever undertaken. And while many new generic top-level domains are now live, the process of ensuring the best opportunity to fulfill their potential is not yet complete. We recently reached the milestone of 280,000 registrations in the Donuts gTLDs that are currently generally available. more

Islamic TLDs and the Challenge of Good Governance

As governments ask themselves whether they should not be the only ones in charge, and everyone else is more determined than ever to stay involved, Internet governance is now a front-page topic. But away from the theoretical debates about which model is best, one real-life situation may end up looking strangely like a vindication of the multi-stakeholder model by governmental organisations. The situation in question is that of Islam and Halal. Two applications that look like they are caught in a kind of new gTLD program groundhog day. more

Creditor Can Execute Against Domain Name Where Registry is Located: Office Depot v. Zuccarini

The Ninth Circuit affirmed the district court's ruling in Office Depot v. Zuccarini, agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision is significant for two reasons. First, it affirms (or reaffirms) that domain names are property subject to the claims of creditors... more