One of the essential features of the social compact that makes ICANN viable in its stewardship of the Domain Name system is that the operations of the Contracted Parties, i.e. Registrars and Registries, are governed by the cooperation of the contracted parties and the non-contracted parties, i.e. the stakeholders, in the creation of policy. In ICANN, contracts and other agreements are the method by which this policy is instantiated. more
A recent exchange on CircleID highlighted a critical need for data to inform the debate on the impact of ICANN's post-GDPR WHOIS policy that resulted in the redaction of domain name registrant contact data. A bit of background: in my original post, I made the point that domain name abuse had increased post-GDPR. A reader who works with a registrar (according to his bio) commented: "Can you back up that statement with data? Our abuse desk has actually seen a reduction in abuse complaints." more
On March 20th, Wall Street Journal (WSJ) Op-ed writer L. Gordon Crovitz published an article titled "Stop Obama's Internet Giveaway". In his opinion piece Mr. Crovitz opposed any near-term transition of the IANA functions... In the course of his article Mr. Crovitz also stated, "Icann already has been kowtowing to authoritarian regimes," alluding to former CEO Fadi Chehade's December 2015 decision to become a Co-Chair of the Advisory Committee to China's World Internet Conference... more
It is no secret that both the US government, ICANN, and the global Internet community have argued and worked tirelessly for the past 15 odd years on the vexing issue of globalizing the US government's role in the IANA function. Despite the desire, long-held by many, for the US to relinquish its control of the IANA function, it is clear that getting to full multistakeholder control of the function is not going to be easy. more
This past May 19th, 5 years after its sunrise, puntCAT arrived at the 50,000 domain names landmark. We know that, nowadays, 50,000 domain names may hardly be described as shocking news, and, certainly, this is not our limit, and we believe there's still plenty of room for .cat to grow. Then, who and why should care about this number? more
The recently completed ICANN Conference in Seoul, Korea will be remembered for a unique accomplishment -- the first definitive step towards the addition of Internationalized Domain Names (IDNs) to the Internet root... As the announcement states, the applicants, at this time, are limited to nations and territories; the first IDNs will be in country code top level domains (ccTLDs). The generic TLDs, (the gTLDs, e.g., .org, .com and .info) will have to wait for their opportunity to apply for IDNs... more
On August 31st the Department of Justice (DOJ) sent a response to the August 12th letter from Senator Ted Cruz and some Congressional colleagues to the head of the Antitrust Division. In that letter Cruz et al asserted that if the pending extension of the .Com registry Agreement (RA) was granted in combination with the consummation of the IANA transition, that DOJ could be prevented from having "meaningful input into the prices that Verisign charges for registering a domain name within the .com domain for an extended period". more
In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more
With less than 24 hours to go before the historic contractual relationship between the US government and ICANN is set to expire, a motion hearing is expected to be held today based on a lawsuit filed in federal court in Texas by four states' attorneys general which could lead to NTIA facing the possibility of a temporary injunction. more
Global brand protection powerhouse MarkMonitor recently released survey results revealing the intentions of their corporate clients with respects to new gTLDs. After reading the report, it's fair to say that I'm not surprised by the results, but continue to be frustrated by them. Where are all of these forward thinking and revolutionary online marketers and brand managers? Are they so unaware of the opportunity that has been placed before them or are they just being very savvy? more
The ACPA and the UDRP provide two separate and distinct methods for resolving domain name disputes. Both alternatives have many critics and proponents, but the true value of each will ultimately be determined by how well each combats cyber-squatting. Separately, the UDRP and the ACPA will probably work well to defuse most of the cyber-squatting that is currently invading the Internet. If combined together the UDRP and the ACPA can be a cost saving and effective way to prevent cybersquatting... more
Since speaking last fall on community-based TLDs at the New gTLD Summit in Los Angeles, I have been asked a number of times to provide input on the objections ICANN allows in its New gTLD Applicant Guidebook ("AGB" or simply the "Guidebook"). As the March 13 deadline approaches, I now present the first of a series of four spotlight articles on the subject -- one on each of the four permissible grounds for objection. more
True to form, the outcomes of the ICANN Board's new generic Top-Level Domain (gTLD) Retreat in Norway late last week haven't exactly provided the community with huge amounts of confidence in the fact that the new gTLD program will be finalised this year. But when you read between the lines, we may be able to provide supporters of the program with a little hope... more
The Internet Corporation for Assigned Names and Numbers (ICANN) commemorates 25 years of fostering international cooperation in managing the Internet's naming system. Originally established by the U.S. Department of Commerce in 1998, ICANN's primary objective has been to ensure a stable and secure operation of the Internet's unique identifiers, most notably the Domain Name System (DNS). more
There is an ongoing disagreement among various members and groups in the ICANN community regarding automation -- namely, whether and to what extent automation can be used to disclose registrant data in response to legitimate data disclosure requests. A major contributing factor to the complications around automation has been confusion about how to interpret and apply Article 22 of the GDPR. more