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
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
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
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
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
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
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
Verisign posted preliminary public comments on the "Mitigating the Risk of DNS Namespace Collisions" Phase One Report released by ICANN earlier this month. JAS Global Advisors, authors of the report contracted by ICANN, have done solid work putting together a set of recommendations to address the name collisions problem, which is not an easy one, given the uncertainty for how installed systems actually interact with the global DNS. However, there is still much work to be done. I have outlined the four main observations... more
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
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
"Africa is rising" is a phrase we are accustomed to hearing nowadays. We Africans also seem desperate to make that positive narrative about Africa. From the vantage point of the digital Africa that I seat, it is most promising, but only if we can face some of our own self afflicted stagnation. Having been in the African Domain scene for nearly a decade now, I am always challenged to view our situation with a pinch of salt, a fact that doesn't attract many friends. But I am willing to go at it and point out the shortcomings. more
Given the post-Prism political climate, it should come as no surprise that the 8th edition of the UN-initiated Internet Governance Forum (IGF), currently happening in Bali (Indonesia), is showing record-braking attendance with more than 2,000 delegates. With a byline of "building bridges: enhancing multistakeholder cooperation for growth and sustainable development", the meeting's main theme is clearly the need to evolve the current model for Internet Governance. But not quite everyone has the same view on exactly how that should happen. more
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
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
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