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Domain Front Running by Registrars Continues to Draw Attention

In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more

Splitting the Root: It’s Too Late

One of the consistent chants we've always heard from ICANN is that there has to be a single DNS root, so everyone sees the same set of names on the net, a sentiment with which I agree. Unfortunately, I discovered at this week's ICANN meeting that due to ICANN's inaction, it's already too late. Among the topics that ICANN has been grinding away at is Internationalized Domain Names (IDNs) that contain characters outside the traditional English ASCII character set... ICANN has tied itself with the issue of homographs, different characters that look the same or mean the same thing. Once people noticed that IDNs let you register different names that look the same, the intellectual property crowd that has always had a mysteriously great influence on ICANN went into a tizzy and they went into lengthy discussions on what to do about them... more

Hypertext Mail Protocol (a.k.a. Stub Email): A Proposal

Back in the days of dial-up modems and transfer speeds measured in hundreds of bits per second, unwanted email messages were actually felt as a significant dent in our personal pocketbooks. As increases in transfer speeds outpaced increases in spam traffic, the hundreds of unwanted emails we received per week became more of a nuisance than a serious financial threat. Today sophisticated spam filters offered by all major email providers keep us from seeing hundreds of unwanted emails on a daily basis, and relatively infrequently allow unwanted messages to reach our coveted Inboxes. So, to some degree, the spam problem has been mitigated. But this "mitigation" requires multiple layers of protection and enormous amounts of continually-applied effort. more

Wall Street Journal Article on Whois Privacy

Today's Wall Street Journal discusses the fight over Whois privacy. The article on the front page of the Marketplace section starts by discussing how the American Red Cross and eBay use the Whois database to track down scammers: "Last fall, in the wake of Hurricane Katrina, the American Red Cross used an Internet database called "Whois" that lists names and numbers of Web-site owners to shut down dozens of unauthorized Web sites that were soliciting money under the Red Cross logo. Online marketplace eBay Inc. says its investigators use Whois hundreds of times a day..." more

Official: Rod Beckstrom Announced as the ICANN President and CEO

During its board meeting today in Sydney, the Internet Corporation of Assigned Names and Numbers (ICANN) announced Rod Beckstrom, the former U.S. cybersecurity chief, as the new President and CEO. Beckstrom will be replacing Dr. Paul Twomey who had been serving this position since March 2003 and announced his resignation earlier this year. Dr Twomey has lately been reported as the primary candidate for heading Australian Government's proposed A$43 billion investment in a new National Broadband Network. more

Fight Spam With the DNS, Not the CIA

It seems like spam is in the news every day lately, and frankly, some of the proposed solutions seem either completely hare-brained or worse than the problem itself. I'd like to reiterate a relatively modest proposal I first made over a year ago: Require legitimate DNS MX records for all outbound email servers.

MX records are one component of a domain's Domain Name System (DNS) information. They identify IP addresses that accept inbound email for a particular domain name. To get mail to, say, linux.com, a mail server picks an MX record from linux.com's DNS information and attempts to deliver the mail to that IP address. If the delivery fails because a server is out of action, the delivering server may work through the domain's MX records until it finds a server that can accept the mail. Without at least one MX record, mail cannot be delivered to a domain.
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An Economic Analysis of Domain Name Policy - Part I

"The Root Server is a Scarce Resource" is the focus of part one of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...We begin our analysis of domain name policy with a brief excursion into economics. Economics cannot answer all of the questions raised by domain name policy. First, domain name policy must answer to the discipline of network engineering. A useful domain name system must work, and the functionality, scalability, reliability, and stability of the system are determined by the soundness of its engineering. Second, domain name policy must answer to public policy. The Internet is a global network of networks, and Internet policy is answerable to a variety of constituencies, including national governments, the operators of the ccTLDs, Internet Service Providers, information providers, end users of the Internet, and many others. more

Some Notes on the .XXX Top-Level Domain

Yesterday the ICANN board discussed and approved ICANN staff to enter into negotiations with ICM Registry, Inc. for the .XXX Top Level Domain (TLD). I'm sure there will be a longer more complete presentation from ICANN later about this, but as an individual board member I thought I'd post a quick note before people got carried away with speculation based on a lack of information. more

In Bad Taste

So-called domain tasting is one of the more unpleasant developments in the domain business in the past year. Domain speculators are registering millions of domains without paying for them, in a business model not unlike running a condiment business by visiting every fast food restaurant in town and scooping up all of the ketchup packets. Since 2003, the contract between ICANN and each unsponsored TLD registry (.biz, .com, .info, .net, .org, and .pro) has added an Add Grace Period (AGP) of five days during which a registrant can delete a newly registered domain and get a full refund. Although this provision was clearly intended to allow registrars to correct the occasional typo and spelling error in registrations, speculators realized that this allows them to try out any domain for five days for free... more

Internet Governance Outlook 2014: Good News, Bad News, No News?

What does the crystal ball say for the Internet in 2014? Here are three scenarios for what could happen with the global Internet Governance Eco-System in the coming 12 months... In the worst case scenario the Internet gets more and more fragmented and re-nationalized. A growing number of governments start to define a "national Internet segment" and develop policies to surveil, censor and control access to and use of the Internet. National firewalls will separate the "domestic Internet" from the global Internet and an exit and entrance regime into networks is introduced where users need passwords, handed out by governmental authorities on an annual basis, to go from one domain to another... more

Domain Name Typosquatter Still Generating Millions

Ever visit cartoonneetwork.com? Adaptac.com? Check the URLs carefully, for these aren't the "real" sites operated by the Cartoon Network cable channel or by Adaptec, manufacturer of PC storage devices. Instead, these domains -- and some 5,000+ others -- were registered by a Mr. John Zuccarini. Read on to learn what he is up to and how he has gotten away with it. more

Noncommercial Users Ask ICANN Board to Review Decision to Expand Trademark Rights in New Domains

ICANN's Non-Commercial Stakeholders Group (NCSG) has filed a Request for Reconsideration with ICANN's Board of Directors regarding the staff's decision to expand the scope of the trademark claims service beyond that provided by community consensus policy and in contradiction to ICANN Bylaws. Specifically at issue is ICANN staff's unilateral decision to adopt the "trademark +50" proposal for new domains, which would provide trademark holders who have previously won a UDRP or court decision with rights to 50 additional derivations of their trademark in ICANN's Trademark Clearinghouse (TMCH). more

The Problem With Wikis

Wikis have been around for a long time on the Web. It's taken a while for them to transform from geek tool to a mainstream word, but we're here now. Last week at the ICANN Meeting in Vancouver, it was fun to watch hundreds of people get introduced to Wikis and start using them, thanks to Ray King's ICANN Wiki project. In the past few days since, I've come to believe that Wikis are doomed unless they start thinking about security in a more serious way. more

ICANN Approves .XXX

The Internet Corporation for Assigned Names and Numbers (ICANN), in its board meeting in San Francisco on Friday, approved the .xxx Top-Level Domain. The ICANN board members voted 8 for, 3 against, 4 abstain. While the decision still has to undergo final review with IANA and the US Department of Commerce, it appear that ICANN's decade-long, most controversial Top-Level Domain application to date has now concluded. more

An Economic Analysis of Domain Name Policy - Part III

"Competitive Bidding for new gTLDs" is the focus of part three of a three-part series based on a study prepared by Karl M. Manheim, Professor of Law at Loyola Law School and Lawrence B. Solum, Professor of Law at University of San Diego. Special thanks and credit to Hastings Communications and Entertainment Law Journal, Vol. 25, p. 317, 2004. ...When new radio frequencies become available for commercial use, federal law requires that licenses be auctioned off to the highest qualified bidder. The FCC does a reasonably good job in designing and conducting spectrum auctions. They are often familiar in format, not much different than found for consumer goods on eBay. In other cases, such as with "Simultaneous Multiple-Round" or "combinatorial bidding," the auction design is fairly complex. Because of complexity in these cases, the FCC sponsors periodic conferences on auction theory and seminars on auction mechanics for potential bidders. more