ICANN

Post Delegation Dispute: A Once Supportable Concept Proposed by the IRT is Now Unsupportable

This comment is being presented in my personal capacity and does not represent the views of my employer (Neustar, Inc.) and its subsidiaries or affiliates, or the Implementation Recommendations Team. Ok. I admit it. I supported the concept of a post delegation dispute resolution process for generic Top-Level Domains (gTLD) Registries. I served as the only gTLD registry member of the Implementation Recommendation Team (IRT) appointed by the Intellectual Property Constituency of the Generic Names Supporting Organization of ICANN. I was one of the authors of the IRT Recommendation in favor of a Post Delegation Dispute Resolution Procedure. more

ICANN UDRP and Contract Disputes

When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more

At the Moment, No One Governs the Internet

What's remarkable about this moment is that the hot potato of DNS standard-setting is still up in the air. The US government didn't want to appear to be in charge, and wanted to convince European governments that it wasn't in charge, and so it created (or called for the creation of) ICANN. ICANN was designed to keep other governments at bay. ICANN has, however, no particular delegated power beyond that accorded to it by the contracts it has signed with registries and registrars. In fact, it can't have more power than that, because if it pretends to be a regulatory agency it should be complying with the APA -- and if it pretends to be a regulator its private nature probably violates US law in a number of respects. more

CircleID’s Top 10 Posts of 2014

Here we are with CircleID's annual roundup of top ten most popular posts featured during 2014 (based on overall readership). Congratulations to all the participants whose posts reached top readership and best wishes for 2015. more

DNSSEC Update from ICANN 42 in Dakar

While the global rollout of DNSSEC continues at the domain name registry level - with more than 25% of top-level domains now signed - the industry continues to focus on the problem of registrar, ISP and ultimately end-user adoption. At the ICANN meeting in Dakar in late October, engineers from some of the early-adopting registries gathered for their regular face-to-face discussion about how to break the "chicken or egg" problems of secure domain name deployment. more

In Pursuit of IDN Perfection?

Many of the problems of IDNs come from trying to do multiple languages at the same time or languages one can't read. The biggest difficulty is implementing them in gTLDs like .com or .org. I think that if we focus on helping the country level TLDs (ccTLDs) get going with IDNs in their own native languages, we would be solving the problem for 80% or so of the people. My concern is holding up the ability for these people to use IDNs because we can find the perfect solution for the edge cases. more

The Debate Continues: Geist Replies to CENTR Response

While this may be better suited as a comment to the CENTR posting, I thought that its length might warrant a separate submission. Many thanks to CircleID for hosting this interesting discussion. Below is the full text of a comment I forwarded to CENTR earlier today in reply to its commentary on my recent study on national governments and ccTLDs. ...I should also preface my remarks by noting that I speak for myself -- not the ITU (see below), nor CIRA, (a CENTR member ) on which I serve on the board of directors, nor the Public Interest Registry, which manages the dot-org domain and on which I serve on the Global Advisory Council. more

Why the Dot Com Kingdom Will Continue to Rule Post New gTLDs

Today, with the launch of new and exciting 1600 proposed gTLDs, the choices will simply unleash a slew of unlimited new ideas for the global end-users. The influx will create amazing times for the right names and the right parties. The global public will get the taste of owning multiple domain names for multi-layers of communication to enhance richer and selective experiences. No need to be in pool with 800 million folks but rather interacting with '117 winemaker, left-handed and collectors of toy trains'. 'Divorce lawyers, only handling 3.7 million dollar pre nuptials, only serving Jersey wives'. more

Why I Voted for .XXX

The ICANN Board voted today 9-5, with Paul Twomey abstaining, to reject a proposal to open .xxx. This is my statement in connection with that vote. I found the resolution adopted by the Board (rejecting xxx) both weak and unprincipled... I am troubled by the path the Board has followed on this issue since I joined the Board in December of 2005. I would like to make two points. First, ICANN only creates problems for itself when it acts in an ad hoc fashion in response to political pressures. Second, ICANN should take itself seriously as a private governance institution with a limited mandate and should resist efforts by governments to veto what it does. more

With No Privacy Standards Who Knows Who Is Abusing The Whois Database

John Banks is a loan officer in New York. John's supervisor recently warned John about the potential number of bad loans he may be carrying as part of his portfolio. To dump some of the bad loans he might be carrying, John came up with a scheme. He pointed his web browser to www.whois.org and entered terms denoting disease or poor health such as 'cancer' and 'illness'. This query on the Internet's WHOIS database reported results of names and addresses of domain name owners who had developed websites devoted to providing information on certain serious illnesses. John compared these names and addresses with those in his portfolio of loans. For the matches, he canceled the loans and required immediate payment-in-full. more

2011 Domain Name Year In Review: Top 10 Biggest Domain Stories

Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011. more

Abusive and Malicious Registrations of Domain Names

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more

JET Open Letter to Microsoft

We, members of the JET (Joint Engineering Team), send this open letter to request Microsoft Corporation to implement IDN (Internationalized Domain Names) standards[1] in the next version of Internet Explorer. ...IDN is a critical enabling technology that will make the Internet more useable and attractive to the majority of the Chinese, Japanese and Korean population who do not use English in their daily life. In fact, IDN is mentioned as one of the Declaration of Action of the World Summit of Information Society (WSIS). To date, IDN registration has been launched in .cn, .jp, .kr, .tw and many other European country code top level domain as well as other generic top level domain names. More than 1 million IDNs have been registered since 2000. Most of the web browsers, such as Safari, Firefox and Opera have implemented IDN standards. This means that users can use IDN in these web browsers without additional applications or plug-ins... more

The Insult and Injury of the U.S. Government’s Failure to Enforce ICANN’s Contractual Obligation

Someone recently observed that many stakeholders have fallen victim to a "chilling effect" resulting from fear of retaliation by the rich and powerful bullies currently infecting the multistakeholder community, ICANN, and Internet governance. I related to what I was hearing because I've been personally targeted and libelously attacked and it is deeply dismaying enough having to worry about threats to revenue and reputation along with other harmful effects of such thuggery. more

WIPO Crowing Again About “Cybersquatting”

Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more